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Licensing Act 2003 Draft Policy Statement 2020 Newport City Council Further information can be obtained from: Newport City Council, Licensing, PO BOX 883, Civic Centre, Godfrey Road, Newport. NP20 4UR Tel: 01633 656656 Email: [email protected] Website: www.newport.gov.uk/licensing

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Page 1: Newport City Council · For entertainment provided by, or on behalf of, a health care provider, providing it takes place on any premises forming part of a hospital in which the provider

Licensing Act 2003

Draft Policy Statement 2020

Newport City Council

Further information can be obtained from:

Newport City Council,

Licensing,

PO BOX 883,

Civic Centre,

Godfrey Road,

Newport.

NP20 4UR

Tel: 01633 656656

Email: [email protected]

Website: www.newport.gov.uk/licensing

Page 2: Newport City Council · For entertainment provided by, or on behalf of, a health care provider, providing it takes place on any premises forming part of a hospital in which the provider

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Contents Page 1. Introduction ...................................................................................... 4

2. Profile of the County ........................................................................ 6

3. Licensing Committee ....................................................................... 7

4. Fundamental Principles .................................................................. 8

5. Zoning and licensing hours ............................................................ 9

Drinking up time/cooling down time ................................................. 10

6. Commercial demand...................................................................... 11

7. Alcohol Harm ................................................................................. 11

8. Drugs .............................................................................................. 13

9. Licensing Objectives ..................................................................... 14

10. Prevention of crime and disorder ................................................. 15

11. Prevention of public nuisance ...................................................... 17

The Well-being of Future Generations (Wales) Act 2015,

Noise & Soundscape Management ................................................. 19

12. Public Safety .................................................................................. 19

13. Protection of children from harm ................................................. 22

14. Rights of representation ............................................................... 24

15. Responsible authorities ................................................................ 25

16. Other persons ................................................................................ 26

17. Integrating strategies .................................................................... 26

Crime and Disorder Act 1998 ........................................................... 27

The Anti-Social Behaviour, Crime and Policing Act 2014 ................ 27

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Immigration Act 2016 ....................................................................... 27

Human Rights Act 1998 ................................................................... 28

Equality Act 2010 ............................................................................. 28

Well-being of Future Generations (Wales) Act 2015 ........................ 28

Relationship with Planning Process ................................................. 29

18. Personal alcohol licence ............................................................... 30

19. Premises Licence .......................................................................... 32

20. Club premises certificate .............................................................. 33

21. Temporary Event Notices .............................................................. 33

22. Sale and supply of alcohol ............................................................ 35

23. Regulated entertainment ............................................................... 36

Public Audience ............................................................................... 36

Overview of circumstances in which entertainment activities are

not licensable ................................................................................... 37

Deregulatory changes where a licence is not required .................... 38

Circumstances in which entertainment activities are no longer

licensable

Local authorities, hospital healthcare providers and school

proprietors: cross entertainment activity exemption ......................... 39

Local authority, hospital and school premises: third party

music entertainment......................................................................... 41

Community premises: music entertainment ..................................... 41

Community premises: exhibition of film............................................ 41

Travelling Circuses .......................................................................... 42

Live Music ........................................................................................ 43

Key terms used in relation to live music ........................................... 43

Recorded Music ............................................................................... 44

Plays and Dance .............................................................................. 45

Indoor Sport ..................................................................................... 45

Licence conditions

Live Music or Recorded Music ......................................................... 45

Beer Gardens .................................................................................. 46

Plays, dance and indoor sport ......................................................... 47

Boxing or wrestling entertainment and conditions relating to

combined fighting sports .................................................................. 47

Conditions relating to other non-licensable activities ....................... 48

Incidental music ............................................................................... 49

Page 4: Newport City Council · For entertainment provided by, or on behalf of, a health care provider, providing it takes place on any premises forming part of a hospital in which the provider

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Removing licence conditions ........................................................... 50

Busking ............................................................................................ 50

Incidental Film .................................................................................. 50

Entertainment activity provided as part of childcare ......................... 51

Child performers .............................................................................. 52

24. Administration ............................................................................... 52

25. Application procedures ................................................................. 52

The responsible Authorities ............................................................. 53

26. Operating schedule ....................................................................... 56

27. Conditions ...................................................................................... 58

28. Applications where representations are received ...................... 58

29. Exercise and delegation of functions .......................................... 63

30. Reviews of licences ....................................................................... 65

31. Cumulative Impact Assessment ................................................... 66

32. Early morning restriction orders .................................................. 67

33. Hearings ......................................................................................... 68

34. Appeals ........................................................................................... 68

35. Implementing the determination of the Magistrates Court ........ 69

36. Enforcement ................................................................................... 70

37. Fees Generally ............................................................................... 70

38. Annual Fees for Premises Licences and Club Premises

Certificates ..................................................................................... 71

39. Licence suspension for non-payment of annual fees ................ 71

40. Late night levies ............................................................................. 72

41. Further information........................................................................ 72

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43. 1. Introduction

1.1 The Licensing Act 2003 requires the Council, in fulfilling its role as the Licensing

Authority, to publish a “Licensing Policy” that sets out the policies the council will

generally apply to promote the licensing objectives when making decisions on

applications made under the Act. This is that statement of policy prepared in

accordance with the provisions of the 2003 Act and the latest version of Home Office

Guidance issued under section 182 of the Act.

1.2 Newport City Council (“the Council”) is the Licensing Authority under the Licensing Act

2003 and is responsible for granting premises licences, club premises certificates, and

personal licences in respect of the sale and/or supply of alcohol and the provision of

regulated entertainment and late night refreshment. Throughout the document, the

Council will be referred to as the Licensing Authority, where appropriate to prevent

confusion between this role and the other functions carried out by the Council.

1.3 This policy sets out how applications for licences, which are required by the Licensing

Act 2003, will be considered by the Licensing Authority.

1.4 In developing this licensing policy, the advice of bodies such as Local Government (LG),

the Welsh Local Government Association (WLGA) and various trade associations have

been taken into account wherever possible. Where appropriate, the Policies of other

Gwent authorities have also been taken into account, in order to achieve uniformity

wherever possible and to help ensure the integration of the various policies over a wider

geographical area. Other Corporate policies adopted by the Council have also been

taken into account, and these will be referred to throughout this document as

appropriate.

1.5 The Equalities Act 2010 introduced measures to tackle discrimination encountered by

disabled people in certain areas including employment, and access to goods, facilities

and services. The applicant shall have regard to this legislation. However, the Licensing

Authority will not use licensing to pursue such issues, other than where supported by

legislation and accepted good practice.

1.6 Newport City Council has a legal obligation to comply with all legislation that promotes

equality it has a policy in place to promote equality to all. The Planning and Public

Protection Service Area has its own equalities framework which is available for

inspection on our website. Licensing of persons and premises under the Licensing Act

2003 will actively promote equality of service and enforcement to all members of the

community.

1.7 The Human Rights Act 1998 incorporates the European Convention on Human Rights

and makes it unlawful for a local authority to act in a way that is incompatible with such

a right. The Licensing Authority will have regard to the Human Rights Act when

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considering any licensing issues, and particularly in respect of the way in which

applications are considered and enforcement activities are carried out.

1.8 Each application will be considered on its individual merits, and in the light of this Policy

1.9 The Licensing Authority acknowledges that it may need to depart from this Policy and

from the guidance issued under the Act in individual and exceptional circumstances,

and where the case merits such a decision in the interests of the promotion of the

licensing objectives. Any such decision will be taken in consultation with the appropriate

legal advisors for the Licensing Authority, and the reasons for any such departure will

be fully recorded.

1.10 The licensing policy will not seek to regulate matters which are provided for in any other

legislation and will seek to complement such regimes e.g. planning, health and safety,

employment rights, fire safety, etc.

1.11 The Licensing Authority wishes to encourage licensees to provide a wide range of

entertainment activities in Newport throughout their opening hours and to promote live

music, dance, theatre, etc. for the wider cultural benefit of the community.

1.12 This Licensing Authority will update and publish a new Licensing Policy whenever

necessary but in any case within five years of the date of this Policy, and will fully consult

with partners, trade associations and residents groups as appropriate at that time, any

representations received will be considered at that time. However where updates are

required due to changes in national legislation, statutory guidance or contact details the

council reserves the right to amend this policy without consultation where it is necessary

to ensure the policy reflects national legislation or statutory guidance.

1.13 This policy revision will take into account the following matters in its re-drafting.

The amendments to the Licensing Act 2003 made by:

The Police Reform and Social Responsibility Act 2011

The Live Music Act 2012

The Deregulation Act 2015

Statutory instruments laid

Revised Guidance issued under S182 of the Licensing Act 2003

Immigration

2. 2. Profile of the County

Newport is a multi-cultural city with its own unique atmosphere, where traditional

industries sit alongside new electronics and financial service sectors. Standing at the

gateway between England and Wales, Newport covers a geographical area of just over

73.5 square miles, with a population of 145,700 persons and is a vibrant, forward-

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thinking city steeped in a rich industrial heritage, dating from the nineteenth century

when its important strategic location was first recognised. After losing some of its core

industries, the city is successfully proving that it can re-establish and adapt itself as a

centre of modern industry and commerce.

The face of Newport is changing dramatically with a number of exciting new

developments underway. Completed projects and investments have already delivered

huge transformation for the city including a world class university campus, state of the

art business premises, a new railway station, revamped market, new bus station, iconic

architecture and a new waterfront district providing riverside homes and leisure

opportunities. These schemes, as well as new investments and recent announcements

mean investments totaling £250 million are giving a fresh momentum to the city's

regeneration. Construction of Friars Walk, Newport's new retail and leisure scheme is

underway and will be completed in later half of 2015. This coupled with the city ability

to successful hold international events like the NATO conference and Ryder Cup

highlights that the city is open to business.

There are approximately 500 premises licensed to sell alcohol either on or off the

premises, and a further 100 premises providing late night refreshments and/or

takeaways which are licensed under the Licensing Act 2003. The City Centre is very

compact in nature and has very high density of licensed premises in and around High

Street, Market Street and Cambrian Road, many of which operate well into the early

hours of the morning.

The Council recognises a vibrate, Safe, Clean and well managed night economy can

go a long way to boosting the local economy through attracting visitors and stimulating

a hive of culture and creative activity in the local community. Evidence suggests that

city’s and town centres with lively streets and people moving around in them make

people feel safe. However, this relies on a controlled and managed approach to

evening and night economy. Uncontrolled growth focused on a heavy drinking culture

can lead to negative consequences related to crime, disorder and Anti-social behaviour.

3. 3. Licensing Committee

3.1 The Council will appoint a Licensing Committee in accordance with its constitution.

3.2 A Licensing Committee shall establish Sub-Committees (panels) consisting of three

Members of the Committee, to consider applications where representations have been

received from any person and/or Responsible Authorities.

3.3 The Licensing Committee will also sit to determine applications not associated with the

Licensing Act 2003, such as taxi and private hire vehicle licensing.

3.4 In the interests of good governance, where a Councillor who is a Member of a Licensing

Committee or a Licensing Sub-Committee has had a direct or indirect pecuniary or

personal interest in any matter before them they will be disqualified from any

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involvement in the decision-making process affecting the premises licence. A

Councillor will not sit on a Sub-Committee to consider an application within their ‘Ward’.

3.5 The Licensing Sub-Committee will refer to the Licensing Committee any matter it is

unable to deal with because less than three members are able to consider the matter

before the Sub-Committee.

3.6 The Licensing Committee shall refer to the ‘Licensing Authority’ [the Council], any

matter it is unable to deal with because less than the quorum of three Members are

able to consider the matter before the Committee.

3.7 Every determination of a licensing decision by the Licensing Committee or a Licensing

Sub-Committee shall be accompanied with reasons for the decision. A summary of the

decision is notified to the parties to the hearing, a target time of three days, to be

displayed on the Council’s website, or as soon as possible thereafter, where it will form

part of the statutory licensing register.

3.8 The Council’s Licensing Officers will deal with all licence applications where either no

relevant representation has been received, or where representations have been

received and it is agreed by the parties that a hearing is not necessary.

3.9 A periodic report will be made to Licensing Committee on the exercise of delegated

powers.

3.10 The Council will ensure that members and relevant officers are appropriately trained to

carry out their duties under the Act.

3.11 Matters in respect of the Licensing Act 2003 are to be dealt with as specified in the

council’s scheme of delegation under its constitution.

4. 4. Fundamental principles

4.1 Licensing is about the control of licensed premises, qualifying clubs and temporary

events within the terms of the 2003 Act, and conditions may be attached to licences,

certificates and permissions that will cover matters which are within the control of

individual licensees.

4.2 When considering these conditions, the Licensing Authority will primarily focus on the

direct impact of the activities taking place at licensed premises on members of the public

living, working or engaged in normal activity in the area concerned.

4.3 In this respect, the Licensing Authority recognises that, apart from the licensing function,

there are a number of other mechanisms available for addressing issues that can occur

away from the licensed premises, including:

Planning controls;

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On-going measures to create a safe and clean environment in these areas in

partnership with local businesses, transport operators and other Council

departments;

Designation of parts of the County of Newport as places where alcohol may not

be consumed publicly;

Regular liaison with police on law enforcement issues regarding disorder and

antisocial behaviour, including the issue of fixed penalty notices, prosecution of

those selling alcohol to people who are drunk, confiscation of alcohol from adults

and children in designated areas and instantly closing down licensed premises

or temporary events on the grounds of disorder, or likelihood of disorder or

excessive noise from the premises;

The power of the police, other responsible authority or interested party to seek

a review of the licence or certificate.

5. 5. Zoning and licensing hours

5.1

Paragraph 10.13 of the Government’s current Section 182 Guidance states that:

“The 2003 Act gives the licensing authority power to make decisions about the hours

during which premises can conduct licensable activities as part of the implementation

of its licensing policy statement. Licensing authorities are best placed to make

decisions about appropriate opening hours in their areas based on their local knowledge

and in consultation with responsible authorities. However, licensing authorities must

always consider each application and must not impose predetermined licensed opening

hours, without giving individual consideration to the merits of each application”

5.2 Paragraph 13.41 of the Government’s current Section 182 Guidance goes on to state

that:

“As part of its licensing policy, the licensing authority may also wish to consider the use

of alternative measures such as fixed closed times and zoning within its area, providing

such mechanisms are justified on the basis of the licensing objectives and are only

presumptive, with final decisions continuing to be made in relation to the individual

premises on a case by case basis in accordance with what is appropriate to promote

the licensing objectives. The licensing authority would be expected to include its

intention to use such measures in its statement of licensing policy and justify doing so

in order to orchestrate closing times so as to manage problems in the night-time

economy based on the promotion of the licensing objectives. As with the creation of a

cumulative impact policies, the use of such mechanisms would create a rebuttable

presumption and would apply in the event of representation being received”

5.3 When dealing with licensing hours, the Licensing Authority recognises the requirement

that each application will be dealt with on its individual merits. Nonetheless, whilst the

Licensing Authority does not wish to unduly inhibit the continuing development of a

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thriving and safe evening and night-time local economies which are important for

investment and employment locally. The Authority considers that it is vital to create an

appropriate balance between the economic needs of licensed premises and the rights

of local residents & Businesses to be able to enjoy a reasonable degree of peace and

quiet at noise-sensitive times and other persons not experience early fall out of the

night-time economy. To this end, the Licensing Authority has prepared and will continue

to review areas that identifying stress points in these areas the Licensing Authority may

create Stress area(s), details of which can be found in Section 31 of this policy.

5.4 The Licensing Authority notes that the Government’s Section 182 Guidance states that

“Shops, stores and supermarkets should normally be free to provide sales of alcohol

for consumption off the premises at any times when the retail outlet is open for shopping

unless there are good reasons, based on the licensing objectives, for restricting those

hours”. However, because of the problems experienced in some local communities in

Newport arising from the availability of alcohol for sale at local shops for consumption

off the premises this Licensing Authority has decided that it will not adopt this general

position but instead will expect applicants and licence-holders to trade alcohol at hours

which are appropriate to their particular local environment. Therefore applicants should

very carefully consider the hours they seek when devising their operating schedule and

it is recommended to discuss such application with the appropriate Responsible

Authorities.

5.5 In the event that applications are submitted which have not demonstrated that

appropriate alcohol trading hours have been properly considered, it is likely that

representations will be made by the relevant responsible authorities and the public. This

will delay the determination of the application and result in it being referred to a

Licensing Sub-Committee for determination.

5.6 Once an application, or an existing licence in the case of a review, is referred to a Sub-

Committee it can be expected that the Sub-Committee will scrutinise the application or

licence very carefully and arrive at a decision regarding hours. Appropriate hours will

be considered to promote the licensing objectives and may even result in the refusal of

the application or the revocation of a licence.

5.7 For example, in local areas where there may be a concentration of problematic drinkers

or where it is known that groups of people congregated and have caused anti-social

behaviour. Applicants should very carefully consider the appropriateness of selling

alcohol during early morning or late evening hours.

5.8 Drinking up time / cooling down time

Even though the traditional drinking up time was not carried over into the Act, the

Council recommends that applicants of premises licensed for the on-sale of alcohol

should consider a drinking up / cooling down period. During this time music volume may

be reduced, customers may finish their drinks and make arrangements for

transportation from the premises. The Council considers that a 30 /45 minutes drinking

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up time will assist in the gradual dispersal of customers and consequently reduce any

potential negative impact on the area.

6. 6. Commercial demand

6.1 The commercial demand for additional premises licences (as distinct from cumulative

impact) will not be a matter for the Licensing Authority. These matters would be a

specific consideration for the local Planning Authority taking into account the demands

of the licensed trade and market demands

7. 7. Alcohol Harm

7.1 The evidence base for the impact of alcohol use on health and well-being is strong.

Alcohol use contributes to over 60 different health conditions including liver disease,

foetal alcohol syndrome and several cancers. Research shows that as well as being a

contributor to a wide range of diseases and conditions, alcohol use can result in injuries

and can contribute to, trigger and/or exacerbate mental health conditions. In addition,

alcohol is a major cause of death and illness in Wales with around 1,500 deaths attribute

to alcohol each year, (1 in 20 of all deaths).

7.2 Research has repeatedly shown that the economic, geographical and temporal

availability of alcohol has a significant effect on the level of alcohol related harms,

including health harms. Research and real-life experiments have shown that the range

of times and days alcohol is available for sale has a significant impact on the harms

caused by alcohol. The geographical ease of access also has an impact, as shown by

a large body of research into outlet density. Research conducted in 2017 demonstrated

that actively enforced Licensing policies lead to a reduction in alcohol-related hospital

admissions. These are all factors that are influenced by local licensing frameworks and

operational and enforcement approaches to licensing.

7.3

Research has demonstrated that the most effective and cost-effective approach to

tackle the harms from alcohol misuse is to reduce the affordability, availability of and

access to alcohol. The World Health Organisation and Public Health Wales have

identified reducing the availability of and access to alcohol as key to reducing alcohol

related health harms.

7.4 The intent of the Licensing Act 2003 is to regulate the supply of alcohol. Licensing is

therefore the key mechanism by which the availability of alcohol can be regulated,

through regulating the times and days of the week alcohol can be sold, premises which

can supply alcohol and the conditions of sale.

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7.5 Newport City Council recognises the significant negative impact on the health of our

residents caused by alcohol, reflected in hospital admissions and deaths from alcohol

related illnesses (see below).

Alcohol data shared by Public Health Wales in 2019 indicates that Newport local

authority area has:

Similar rates of alcohol-specific adult hospital admissions when compared to the Welsh average. This rate is higher than the Welsh average for females1.

Similar rates of alcohol-specific hospital admissions for under 18s for both males and females when compared to the Welsh average2.

Has a similar rate of alcohol-specific adult mortalities (deaths) when compared to the Welsh rate.

A significantly lower rate of persons aged 16+ self-reporting drinking above the guidelines3 (14.7%), when compared to the Welsh average of 19%.

7.6 Within the context of promoting the four licensing objectives, the Licensing Authority

expects applicants to propose licensing conditions to mitigate the impact their premise

may have on the health and well-being of their customers, the neighbourhood and the

wider community. For examples of licensing conditions that can promote health and

wellbeing, reference can be made to Newport City Council ‘Model Pool of Conditions’.

7.7 In addition, the Licensing Authority expects applicants to consider the impact their

premise may have on people vulnerable to alcohol misuse, in particular children and

young people and problematic drinkers. Commissioned alcohol treatment services are

set within the communities they serve. The availability of alcohol in near proximity to

treatment services can create specific issues for treatment providers. The Licensing

Authority expects applicants to consider and mitigate the harm by including licensing

conditions when their premise is close to the location of treatment services, and areas

where children and young people may congregate, such as schools, youth clubs and

parks.

1 More adult males than females in Newport are admitted to hospital for alcohol-specific conditions. All hospital admissions for

alcohol are preventable. 2 More under 18 females are admitted to hospital for alcohol-specific conditions than males in Newport. 3 Average self-reported consumption of alcohol is estimated to be consistently less than the amount of alcohol sold. This could be

due to adults underestimating the amount they consume, either my misreporting consumption to appear to have a more favourable behaviour, or due to difficulties in converting what they have consumed into units.

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8. 8. Drugs

8.1 The harms from drug misuse are numerous, and not restricted to health harms. Welsh

drug death levels were at their highest ever level in 2018-19 with deaths from drug

poisoning having increased by 78% over the last 10 years. Drug deaths appear to be

increasingly occurring in people using drugs on a recreational basis.

8.2 The UK’s drug market is rapidly evolving, with common street drugs continuing to

increase in strength and purity, and an ever-widening array of substances in circulation.

Licensing has a role in reducing the harms from drug misuse in the Night Time Economy

and our licensed premises.

8.3 Where there are issues of concern the Licensing Authority will expect to see evidence

that the drug policy has been implemented and reviewed.

8.4 Within the context of promoting the licensing objectives for preventing crime and

disorder and ensuring public safety, the Licensing Authority expects applicants and

licensees to:

Take all reasonable steps to prevent the entry of drugs into licensed premises

Take all reasonable steps to prevent drugs changing hands within the premises

Train staff to recognise understand the signs of drug misuse in people so that

practical steps can be taken to deal with instances that occur

Have appropriately trained staff to deal with drug related incidents

Display appropriate drug safety awareness information to customers

Provide a first aid room and first aid equipment, including a defibrillator in larger

venues

Deploy staff trained to assist with medical incidents

Implement an appropriate banning policy

8.5 At the request of Gwent Police, licensed premises would be required to seize, retain and document any drugs found, with a clear audit trail and a process for surrender in compliance with Gwent Police written policy. Furthermore, in the interest of Crime and Disorder, Gwent Police would also require licensed premises to allow the use of the ION Track machine on their premises to assist with identifying the areas where illegal drugs may be used at the venue.

8.6 The Licensing Authority recognises that drug misuse is not something that is

relevant to all licensed premises. However, it is committed to the reduction and

eradication where possible of drugs from licensed premises as part of its role in

promoting the crime and disorder licensing objective. The licensing authority expects

all licence holders to actively support this aim in the way that they plan, manage and

operate premises.

8.7 If relevant representations are received to an application for grant or variation of a

licence special conditions may be imposed to support the prevention of the illegal supply

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or use of controlled drugs. Advice on conditions will be sought from the police or any

other relevant organisation involved in the control of controlled drugs or the support

and/or treatment of drug users.

8.8 In premises where drug misuse is problematic and where any responsible authority or

other person apply for a review of the licence, the licensing authority will consider this

as being very serious and will give appropriate consideration to the full range of options

available, including suspension and revocation of the licence in accordance with the

statutory guidance issued by the secretary of state. The licensing authority recognises

that each case is individual and will be decided on its own facts and specific merits

9. 9. Licensing Objectives

9.1 The Licensing Authority has a duty under the Act to carry out its functions with a view

to promoting the licensing objectives. The licensing objectives (of which each one is of

equal importance) are:

The prevention of crime and disorder;

Public safety;

The prevention of public nuisance;

The protection of children from harm.

9.2 It is recognised that the licensing function is not the primary method of securing the

delivery of these objectives. The Licensing Authority will therefore continue to work in

partnership with its neighbouring authorities, the Police, Health Board, Immigration,

Safer Newport Group, local businesses, licensees and local people towards the

promotion of the objectives.

10. 10. Prevention of crime and disorder

10.1 Licensed premises, especially those offering late night/early morning entertainment,

alcohol and refreshment for large numbers of people, can be a source of crime and

disorder problems.

10.2 The Licensing Authority will expect operating schedules (see section 27) to satisfactorily

address these issues from the design of the premises through to the day-to-day

operation of the business. Details of the factors that will need to be considered as part

of the operating schedules are given in the Licensing Policies and matters for

consideration when deciding applications, which are attached in the annex to this policy

and in the Guidance notes for applicants.

10.3 Applicants are recommended to seek advice from the Licensing Authority’s licensing

officers and the police, as well as taking into account, as appropriate, local planning

and transport policies, tourism, cultural and crime prevention strategies, when preparing

their plans and operating schedules.

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10.4 The Licensee/applicant should also use their own experience and knowledge of their

customers and locations when drafting their operating schedule, which subsequently

becomes the basis of conditions on the licence. Failure to do this may lead to a

representation from the Authority, a responsible authority or other person. Applicants

may wish to consider the following and are advised to refer to the Authority’s ‘Model

Pool of Conditions’ when considering an application.

Is there CCTV, and, if so what are the areas covered, does it have the ability to see

clear full face recording of patrons entering, does it record the patron search area

at the entrance. What is the retention period of recordings, how easy it to access,

produce copies or download images if requested by Police and Licensing.

Are Security Industry Authority (SIA) door staff employed and what checks are

made to the validity of the SIA licence? What records are kept of SIA checks, search

policy, entrance policy, restriction of patrons using outside areas, such as smoking

areas, employment times of SIA and their training?

Is there ID scanning on entry to the premises? Will there be ‘No ID No Entry’ policy

in place?

Is there a clear drug and weapon policy? Is there a regular documented training of

this policy carried out with staff when drugs/weapons are seized or stored. Are

areas or surfaces designed to prevent the likelihood of drug use at the premises?

Has the use of plastic or toughened glass for serving of alcohol been considered,

will glass bottles be handed over the bar? Are there restrictions of drinks being

taken outside?

Is there a proof of age scheme, do the premises have a challenge 25 policy? Are

staff trained regularly on this policy and is it documented?

10.5 The Licensing Authority recognise that although Gwent Police and other criminal justice

services suffer the greatest resource burden from preventable alcohol related crime and

disorder the health system is also impacted. Preventable alcohol-related attendances

and admissions have a negative impact on limited NHS resources, staff and other

patients. Physical injury and the psychological impacts from violent incidents directly

affect the health and wellbeing of individuals, their family, friends and work colleagues,

our public service staff and licensed premise staff who deal with these incidents, and

the local community. Responsible Authorities will work together, sharing all available

local data, and will use NHS sources of data to promote this licensing objective.

10.6 The Authority will endeavour to reduce crime and disorder throughout the County in

accordance with its statutory duty under s.17 of the Crime and Disorder Act 1998.

10.7 Newport City Council, through agency working together and sharing information aim to

identify and prevent sexual exploitation, modern slavery and human trafficking. Licence

holders can help as they may become aware or come into contact with such victims.

This may be in hotels, bars and restaurants, late night takeaways, off licences or other

licensed premises. Licence holders, and staff employed in licensed premises, are in an

ideal position to help protect people.

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Modern slavery and human trafficking is a crime and a violation of fundamental human

rights and can take various forms such as slavery, servitude and compulsory labour.

The licence holder and staff who work in licensed premises should look for and ask

themselves the following;

Has the person got any physical signs of abuse or neglect? Deprived of food,

water, sleep, medical care or other life necessities?

You see worrying behaviour towards someone.

Is the victim in possession of a passport, identification or travel documents? Are

these documents in possession of someone else?

Does the victim act as if they were instructed or coached by someone else? Do

they allow others to speak when spoken directly?

Was the victim recruited for one purpose and forced to engage in some other

job? Was their transport paid for by facilitators, whom they must pay back

through providing services?

Does the victim receive little or no payment for their work? Is someone else in

control of their earnings?

Was the victim forced to perform sexual acts?

Does the victim have freedom of movement? Can they freely contact friends

and family? Do they have limited social interaction?

Has the victim or family been threatened with harm if the victim attempts to

escape?

Is the victim bonded by debt, or in a situation of dependence?

If there are concerns the licence holder are to report the matter to Modern Day

Slavery helpline on 08000 121 700 or visit the website

https://www.modernslaveryhelpline.org/report If someone is in immediate danger to

call the Police on 999.

In addition, all staff who are employed in the UK must have the right to work in the UK.

Employing someone illegally without carrying out the prescribed checks can lead to

robust sanctions against the licence holder.

11. 11. Prevention of public nuisance

11.1 Licensed premises have significant potential to impact adversely on persons living and

working (including those carrying on business) in the area around the premises, and

also further afield through public nuisances that arise from their operation. It is therefore

important that in considering the promotion of this licensing objective, Licensing

Authorities and Responsible Authorities focus on the effect of the licensable activities

at the specific premises on these parties which may be disproportionate and

unreasonable

11.2 The definition of what may be considered as a potential or actual ‘public nuisance’ is to

be interpreted in line with its broad common law meaning established through relevant

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case law. This is the interpretation which the Licensing Authority will apply when

considering such matters. Matters giving rise to ‘public nuisance’ are mainly accepted

to include issues relating to noise, light pollution, odour and litter. It may also arise as a

result of the adverse effects of dust, insects, accumulations or any other matter which

is determined to have an adverse impact on the living and working environment of other

persons living and working in the area of the licenced premises.

11.3 The Licensing Authority recognise that limiting the public nuisance that may be

associated with licensed premises and their operation is an important factor for health

and well-being.

The Licensing Authority recognise the key links to health and well-being from public

nuisance in terms of disturbed sleep, stress caused by nuisance and pollution. Disturbed

sleep and stress can add to residents’ mental and physical health issues, and their wider

wellbeing. Lack of sleep can have an impact on the immune system and can contribute

to heart disease and diabetes. Lack of sleep can also contribute to anxiety and

depression. Stress can contribute to anxiety and depression, and cardio-vascular

diseases.

Applicants should consider the potential impact their premise may have on public

nuisance particularly from noise and put in place mitigating measures.

11.4 The Licensing Authority expects applicants for premises licences and club premises

certificates to have made relevant enquiries and considerations about the local area

before submitting their application. The purpose of this is to enable the applicant to

consider the most appropriate controls for potential inclusion in the operating schedule

with a view to ensuring their activities do not undermine the licensing objective with

regard to the prevention of public nuisance. It is important to recognise that the impacts

of licensed activity are not contained within a building. Inevitably there is a wider impact

as people travel to and from the premises or congregate outside whilst it is in operation.

Nuisance is best managed by careful consideration of the suitability of the selected site

and any necessary mitigation at an early stage.

11.5 Applicants will be encouraged to demonstrate in their Operating Schedule that suitable

and sufficient measures have been identified and will be implemented and maintained

to prevent public nuisance. When a suitable site is identified, operating schedules

should be prepared on the basis of a risk assessment of the potential sources of

nuisance posed by the premises operation to those who may be impacted by their

activities. The operating schedule should demonstrate an understanding of the level

of risk of nuisance and include positive measures to manage any potential risks.

11.6 The Licensing Authority recommends that licensees apply a high standard of control to

minimise the potential for any public nuisance that may arise from their operation of the

premises, particularly where:

• they are situated in a residential or noise sensitive area; or

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• extended opening hours are proposed.

11.7 The Licensing Authority recognises that beyond the immediate area surrounding the

licensed premises the control that a licence-holder can exert over its patrons diminishes

and individuals who engage in anti-social behaviour are accountable in their own right.

However, applicants are encouraged to consider the actions they may take as a

responsible licence-holder to mitigate the potential adverse impact of patrons. The

operating schedule should again be used to demonstrate an understanding of the

potential risks and the positive measures that may be implemented to manage such

issues.

11.8 Applicants are encouraged to engage with the Licensing Authority and other relevant

Responsible Authorities (such as Environmental Health) at an early stage and prior to

the submission of an application, wherever reasonably practicable. These Authorities

will be able to provide advice in respect of appropriate control measures that may be

put in place, and included in the operating schedule, to mitigate the potential risks of

public nuisance occurring.

11.9 The Well-being of Future Generations (Wales) Act 2015, Noise & Soundscape

Management.

The Well-being of Future Generations (Wales) Act 2015 (hereinafter referred to as the

WFG Act 2015) places a duty on Local Authorities including the Licensing Authority to

embody sustainable development principles aimed at achieving seven prescribed well-

being goals as part of its fundamental operation; this includes the delivery of its Licensing

function. One of the cornerstone areas of consideration is the management of noise and

its impact on health and well-being.

11.10 The Statutory Licensing guidance issued under Section 182 of the Licensing Act 2003

does not currently provide any reference to how operationally Licensing Authorities are

to have regard to the requirements of the WFG Act 2015 specifically as it may relate to

the promotion of the Licensing Objective, the Prevention of Public Nuisance. It is clear

however in the Welsh Government’s ‘Noise and Soundscape Action Plan 2018-2023’

that there is recognition of the impact of noise. The Licensing Authority will have regard

to this action plan when determining applications (please refer to section 17 Integrating

strategies below).

12. 12. Public safety

12.1 The Council is committed to ensuring that the safety of any person visiting or working

in licensed premises is not compromised. Applicants will be expected to demonstrate

in their Operating Schedule that suitable and sufficient measures have been identified

and will be implemented and maintained to ensure public safety, relevant to the

individual style and characteristics of their premises and events. Applicants are advised

to seek advice from various organisations, such as the Newport City Council health and

safety enforcement officers, South Wales Fire and Rescue Service etc., before

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preparing their plans and schedules, particularly where regulated entertainment is to be

provided.

12.2 The Regulatory Reform (Fire Safety) Order 2005 introduced a requirement that any

person responsible for the management of a premises must make a suitable and

sufficient assessment of the risks, to which persons may be exposed for the purpose of

identifying the general fire precautions, which need to be taken. Therefore no

conditions may be imposed on an authorisation where it directly relates to fire safety. It

is expected therefore that authorisation holders will conduct a thorough risk assessment

which is regularly reviewed and updated. The risk assessment should be retained at

the premises and be available upon request by any authorised officer of the Council.

12.3 Where an applicant identifies an issue with regard to public safety, which is not covered

by existing legislation, the applicant should indicate in the operating schedule the steps

which will be taken to ensure public safety.

Depending on the individual style and characteristics of the premises and/or events, the

following issues may be relevant:

The number of people attending the premises/safe capacity levels, (factors may

include access and egress, flow around premises, comfort levels, seating

provisions, dance areas, accessibility to bars, etc);

The age, condition, design and layout of the premises, including the means of

escape in case of an emergency;

The nature of the activities to be provided, in particular the sale or supply of

alcohol and/or the provision of music and dancing and including whether those

activities are of a temporary or permanent nature;

The hours of operation, differentiating between the hours of opening from the

hours when the licensable activities will be provided;

Customer profile (e.g. age, disability etc.);

The use of special effects such as lasers, pyrotechnics, smoke machines, foam

machines etc.

Electrics and heating as part of the risk assessment.

12.4 The following examples of control measures are considered to be important and should

be taken into account by applicants in their Operating Schedule, having regard to the

particular type of premises and/or activities –

Suitable and sufficient risk assessments;

Effective and responsible management of premises;

Provision of a sufficient number of people employed or engaged to secure the

safety of everyone attending the premises or event;

Appropriate instruction, training and supervision of those employed or engaged

to secure the safety of everyone attending the premises;

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Adoption of best practice guidance (Assistance can be obtained by contacting

such Environmental Health, Fire Safety and HSE).

Provision of effective CCTV in and around premises;

Implementation of crowd management measures;

Regular testing (and certification where appropriate) of procedures, appliances,

systems etc. pertinent to safety.

Appropriate First Aid facilities and staff training on when to administer/ not

administer First Aid.

12.5 The authority recommends that specialists, e.g. qualified safety officer, should be

consulted to assist with an assessment of public safety issues, (excluding fire safety as

such a risk assessment is a mandatory requirement).

12.6 Heddlu Gwent Police promotes the use of polycarbonate drinking vessels to reduce

injuries caused either deliberately or accidentally from glass drinking vessels. The

Council supports this initiative and would advise any applicant or authorisation holder

that toughened glass often lose their tempering through repeated use, and should

consider the introduction of solely polycarbonate or plastic drinking vessels. Where

premises are associated with crime and disorder, the Council may also advocate that

open glass bottles for consumption on the premises should not be permitted and that

contents are decanted before serving to customers, the purpose being to reduce any

incidents where bottles may be used as weapons.

12.7 The Licensing Authority recognise that there are links between public safety and health,

for example injuries suffered in licensed premises that need medical treatment. Falls

are a contributor to alcohol related hospital attendances and admissions.

Considering and noting issues relating to public safety in responses to a licensing

application can be an effective way of addressing these issues through conditions being

placed on a licence, or, in more extreme cases a licence not being granted. The Health

Board, as a Responsible Authority, may be able to provide evidence of prevalence,

costs and impacts of public safety issues as appropriate.

13. 13. Protection of children from harm

13.1 Nothing in this statement of policy shall limit or require access of children to premises

unless there is an overriding requirement of necessity to prevent harm to children.

Areas that will give rise to particular concern are highlighted elsewhere in this policy.

13.2 With the exception of the restrictions specified in Section 145, the 2003 Act does not

prohibit children from having free access to any licensed premises. However, the

Licensing Authority recognises that limitations may have to be considered where it

appears necessary to protect children from harm.

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13.3 The Licensing Authority will not impose any condition that specifically requires access

for children to be provided at any premises. Where no restriction or limitation is imposed

the issue of access will remain a matter for the discretion of the individual premises or

club.

13.4 The 2003 Act details a number of offences designed to protect children in licensed

premises and the Licensing Authority will work closely with the police to ensure the

appropriate enforcement of the law, especially relating to the sale and supply of alcohol

to children.

13.5 The Chief Officer Social Care and Housing for the authority will be consulted on issues

relating to protecting children from harm.

13.6 Safeguarding children is everyone’s responsibility. Child sexual exploitation is a crime

that can affect any child, anytime, anywhere – regardless of their social or ethnic

background. Child sexual exploitation involves perpetrators grooming youngsters and

using their powers and it can take many forms, whether it occurs through a seemingly

‘consensual’ relationship with an older partner, having sex in return for attention, gifts,

money, alcohol and cigarettes. Violence, coercion and intimidation are common forms

of exploitation, with some vulnerable children being given drugs or made to sell drugs

and/or are forced to be part of county lines network.

Hotels, bars and restaurants, late night takeaways, off licences or other licensed

premises may come into contact with such children. This Authority encourages those

premises to look out for signs of possible exploitation. Licence holders and staff should

look for and ask themselves the following -

Does a child appear to be in a relationship with an older person?

Does the child appear to be under the influence of alcohol or drugs?

Is the hotel booking done by an adult, who is trying to conceal they are with a

young person?

Numerous adults and young people coming to a hotel who do not appear to have a reason for being there, or high levels of visitors to a guest room. With guests moving in and out of the premises at unusual times.

Guests arriving and asking for specific rooms number without knowing the name of the person the room is booked under.

For safeguarding children the Council do not support contactless check in systems

(virtual reception) whereby no members of staff will have interaction with the customers

at a hotel.

If there are concerns the licence holder and staff are to report the matter to either

Newport Safeguarding on 01291 635669 or Police Safeguarding on 01495 745409. If

someone is in immediate danger to call the Police on 999.

13.7 The Licensing Authority recognise that compared to adults, children and young people

are at higher risk of harm in relation to alcohol use and consumption, and the health

impacts can be higher where they happen. Children and young people are also more

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vulnerable to certain harms in licensed settings. Furthermore, earlier take up of regular

drinking increases lifetime risks of alcohol-related harms.

Children and young people have multiple vulnerabilities related to the impact that alcohol

can have on their health and development. They have higher levels of vulnerability and

risk associated with being on licensed premises that need to be considered and

appropriately addressed in licensing policies, practices and processes. A significant

impact from a child or young person suffering illness, injury or dependence as a result of

access to alcohol and licensed premises is likely to fall to the Health Board.

The Licensing Authority also recognise the serious impact of parental alcohol misuse on

children at every age, and the long-term consequences (i.e. adverse childhood

experiences). There is potential for lower levels of harmful parental alcohol consumption

having a beneficial impact on reducing childhood adversity in the home environment

(e.g. reductions in violence, in particular domestic abuse).

13.8 Evidence demonstrates that young people are more vulnerable than adults to the

adverse effects of alcohol due to a range of physical and psycho-social factors. As

such, initiatives to prevent the sale and supply of alcohol to children are supported.

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14. 13.9 The Authority expects age verification measures to be operated by licensed premises

involved in the sale and supply of alcohol to ensure he licensing objective for the

protection of children is met.

To support the age-verification process the Authority strongly recommended that

premises have the following measures in place to ensure age verification for sales -

That ‘Challenge 25’ is supported as part of the age verification scheme

established. The scheme should require the production of evidence of age from

any person appearing to staff engaged in selling or supplying alcohol to be under

the age of 25 and who is attempting to buy alcohol.

That evidence of the scheme (in the form of documented procedures) is

maintained and made available for inspection by authorised officers.

That all staff involved in the sale of alcohol shall be trained in age verification

schemes and proxy sales, where a person attempts to buy alcohol for a person

under 18. Records of such training shall be retained on the premises and made

available for inspection by authorised officers.

That an incident log be maintained, and details of all age-related refusals

recorded. This book shall be reviewed monthly by the DPS and actions taken

recorded in the book and signed off by the DPS. The log shall be retained on

the premises and made available for inspection by authorised officers.

That a personal licence holder shall be on the premises at all times that alcohol

is supplied.

That the DPS shall ensure that, as far as is reasonably practical, alcohol is

displayed in an area which can be constantly monitored or supervised by staff,

separate from goods likely to be purchased by persons under 18.

14. Rights of representations

14.1 The Licensing Authority will expect applicants to address the licensing objectives in their

operating schedule having regard to the type of premises, the licensable activities to be

provided, the operational procedures, the nature of the location and the needs of the

local community. In this way, those with a right to make representations or objections

are able to fully assess the factors that may affect them.

14.2 Relevant representations may be made by a responsible authority, other persons or

organisations representing them, but they should state whether they are making a

representation on their own behalf or on behalf of another person.

14.3 Amendments to the Act has inserted the term ‘other person’ to replace ‘interested party’

as someone who can make representations, it also removed the vicinity test for

residents and the specific term of councillor. This opens up the range of persons who

may make representation and includes for example the following:-

Residents living near the premises

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Persons with an interest in the premises or locality

Local councillors

Businesses with an interest in the premises or locality.

Organisations with an interest in the locality, premises or licensable activities.

The Council will have to decide if the representation is relevant and/or reasonable, and

in making that assessment will assess the person or organisation making the

representation and their relationship to the premises and or vicinity.

14.4 Relevant representations will be taken as those that relate to the fundamental principles

of the Licensing Act, any organisation or individual wishing to object to any application

will therefore need to state whether they are doing so on the grounds of:

The prevention of crime and disorder;

Public safety;

The prevention of public nuisance;

The protection of children from harm.

14.5 Unreasonable, frivolous and vexatious representations will be disregarded.

Representations that have been made and considered elsewhere, for example as an

objection to a planning application, may also be disregarded where consideration of

such representations would be duplication.

14.6 Petitions may be accepted if the Authority believes all those that signed the petition

understood the implications of what they were signing. Please refer to 29.24 below for

further guidance.

15. 15. Responsible authorities

15.1 The Licensing Act 2003 as amended specifies who is responsible authorities that may

make representations on applications or apply for the review of a premises licence or

club premises certificate, and they are:

The Chief Officer of Police

The Fire Authority

The enforcing authority for Health and Safety at Work

The local planning authority

The local authority responsible for minimising or preventing the risk of pollution

of the environment or of harm to human health

The local weights and measures authority

The Director of Social Services and the body representing matters relating to

the protection of children from harm, currently the Local

Safeguarding Children Board

In relation to a vessel, a navigation authority, the Environment Agency, or the

British Waterways Board

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The Local Health Board (Aneurin Bevan University Health Board)

The Licensing Authority (The Council)

Immigration (Home Office Immigration Enforcement)

16. 16. Other persons

16.1 Changes to the Licensing Act 2003 by virtue of the Police Reform and Social

Responsibility Act 2011 have now removed the test of “vicinity” from the 2003 Act and

as a consequence, the categories of “interested party” no longer exist.

16.2 Therefore, any person is able to make representations in relation to certain types of

applications as an “Other Person” However; all representations must relate to the

licensing objectives and may not be frivolous or vexatious.

17. 17. Integrating strategies

17.1 The Secretary of State’s Guidance to the Licensing Act 2003 states that the Licensing

Authority should outline how it will secure proper integration between its licensing policy

with policies and strategies concerned with local crime prevention, planning, transport,

tourism, equality schemes, cultural strategies and any other policy or plan introduced

for the management of town centres and night time economies. The Licensing Authority

agree that such co-ordination and integration is crucial to achieve the Council’s aims

for a safe and vibrant night time economy. Other pieces of legislation may impact

directly or indirectly on the licensing regime. The Licensing Authority must have regard

to the following when it discharges its responsibilities under the Licensing Act 2003 an

in relation to the promotion of the four licensing objectives:

Crime and Disorder Act 1998

This Act requires local authorities and other bodies to consider crime and disorder

reduction. Section 17 of the Act states that it shall be the duty of each authority, to

exercise its various functions with due regard to the likely effect the exercise of those

functions on, and the need to do all that it reasonably can to prevent, crime and disorder

in its area (including anti-social and other behaviour adversely affecting the local

environment). This links specifically with the licensing objective of prevention of crime

and disorder and the licensing authority will take into account all reasonable measures

that actively promote this licensing objective.

The Anti-Social Behaviour, Crime and Policing Act 2014

This Act gives a wide range of powers to local authorities and the police to tackle

incidents of crime, disorder and nuisance that may be impacting on residents. The Act

introduced public spaces protection orders which allows the local authority to designate

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areas where anti-social behaviour such as street drinking will be prohibited. The Act

also gives powers to the local authority and police to close licensed premises where

nuisance and anti-social behaviour is taking place. This Act therefore clearly supports

and actively promotes the licensing objectives contained within the Licensing Act 2003.

Immigration Act 2016

Section 36 and Schedule 4 of the Immigration Act 2016 amended the Licensing Act

2003 and made Home Office Immigration Enforcement a Responsible Authority

concerned with the licensing objective of prevention of crime and disorder. They will

exercise their power both in respect of being a consultee on new licence applications

and having right of entry to licensed premises with a view to seeing whether an offence

under any of the Immigration Acts is being committed on a licensed premises. This will

primarily involve the detection and prevention of illegal working on premises that have

an alcohol licence or a late night refreshment licence. The offence of employing people

at licensed premises who have no right to work in the UK is also now listed in the

Secretary of State’s guidance under Section 11.27 which covers criminal activity

deemed to be particularly serious and where a licensing authority should consider

revoking a premises licence even in the first instance. This Act clearly supports and

actively promotes the licensing objective of preventing crime and disorder and the

licensing authority will work with colleagues in the Immigration service and Gwent Police

to enforce this.

Human Rights Act 1998

The Council has a duty under the European Convention on Human Rights to protect

both the rights of resident to privacy and family life (Article 8), and the rights of a licence

holder to operate their business without undue interference (Article 1 of the First

Protocol). This promotes the need for the licensing authority to reach a balance between

these two principles when making decisions.

Equality Act 2010

The Act places a legal obligation on public authorities to have regard to the need to

eliminate unlawful discrimination, to advance equality of opportunity and to foster good

relations between persons who shared a protected characteristic and those that do not.

Protected characteristics include age, disability, race, religion and sexual orientation.

When making a decision, the licensing authority will have regard to this due to the goal

of ensuring that the night time economy is safe and accessible to all. Other legislation

that the Licensing Authority will consider -

Well-being of Future Generations (Wales) Act 2015

This Act requires Local Authorities in Wales to think about the long-term impact of

their decisions, to work better with people, communities and each other, and to

prevent persistent problems, such as poverty, health inequalities and climate change.

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The Act clearly supports and actively promotes the licensing objectives. This Act links

specifically to the prevention of crime and disorder and public nuisance. It recognises

that there is a need to create appropriate soundscapes – the right acoustic

environment in the right time and place. The Local Authority will consider the

management of noise and soundscapes and in particular the five ways of working

contained under this Act namely, i) Long term – the importance of balancing short-

term needs with the needs to safeguard the ability to also meet long-term needs, ii)

Integration, iii) Involvement, iv) Collaboration and v) Prevention. Welsh Government

has produced a ‘Noise and Soundscape Action Plan for 2018-2023’

https://gov.wales/sites/default/files/publications/2019-04/noise-and-soundscape-

action-plan.pdf

The Licensing Authority will also have cognisance to the following legislation when it

decides to discharge its responsibilities under the Licensing Act. This list is not

exhaustive:-

Environmental Protection Act 1990 which deals with noise and nuisance

Regulatory Reform Order 2005 which deals with fire safety

Highways Act 1980 which deals with pavement café licences.

17.2 The Licensing Authority will as far as possible seek to avoid duplication with other

regulatory regimes when dealing with the licensing function. If other existing law already

places certain statutory responsibilities on an employer or operator of premises, it

cannot be appropriate or proportionate to impose the same or similar duties on the

premises licence holder or club. Once the discretion of the Licensing Authority is

engaged, it is only where additional and supplementary measures are appropriate to

promote the licensing objectives that appropriate and proportionate conditions will be

attached to a licence.

17.3 Other Local Authority and Government policies, strategies, responsibilities, and

guidance documents may also refer to the licensing function, and the Licensing

Authority may liaise with the relevant authorities or its directorates with regard to these.

Whilst some of these may not be directly related to the promotion of the four licensing

objectives, they can indirectly impact upon them.

17.4 It is the Local Authority’s intention that it will, through its Licensing Committee monitor

how these matters, set above, impact on the Authority’s licensing and other functions,

in order that it may seek to co-ordinate and integrate its licensing function with other

relevant strategies.

17.5 In respect of cultural strategies the Licensing Authority will, for example through periodic

consultation with local Leisure and Cultural Services officers, consider whether the

provision of live music and cultural activities and entertainments are being deterred by

local licensing requirements. Where there is any indication that this is the case, the

Licensing Authority may consider investigating how the situation might be reversed, and

may if necessary in the light of such investigations consider a revision to the Statement

of Licensing Policy.

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Relationship with Planning Process

17.6 Applications for premises licences for permanent commercial premises should normally

be from businesses with planning consent for the property concerned. However,

applications for licences may be made before any relevant planning permission has

been sought or granted by the Local Planning Authority.

17.7 It is strongly recommended that prospective licence applicants contact the Local

Planning Authority in advance of making a licence application in order to check, or seek

advice on, any planning consents or any conditions relevant to the use of the premises.

It clearly makes operational sense to ensure that planning and licensing are compatible.

17.8 The Licensing Authority wishes to emphasise that the granting by the Licensing &

Regulatory Committee of any variation of a licence which involves a material alteration

to a building would not relieve the applicant of the need to apply for planning permission

or building control consent where appropriate.

17.9 The Local Authority will aim to properly separate planning, building control and licensing

regimes in order to avoid duplication and inefficiency. The Licensing and Planning

regimes involve consideration of different (albeit related) matters.

17.10 The Licensing Authority will avoid treating licensing applications as a re-run of planning

applications, and will not normally:

cut-across decisions taken by the Local Authority Planning Committee or

following appeals decisions taken by that Committee; or

impose licensing conditions where the same or similar conditions have been

imposed on a planning consent.

17.11 The Licensing Authority is not bound by decisions made by the Planning Committee

and vice versa.

17.12 Where, as a condition of planning permission, a terminal hour has been set for the use

of premises for commercial purposes that is different to the licensing hours, the licensee

must observe the earlier closing time in order to avoid any breach of their planning

permission - for which they may be liable to prosecution under planning law (and vice

versa where the licensing hours finish earlier than the planning permission).

18. 18. Personal alcohol licence

18.1 The Council recognises it has very little discretion in the granting of a personal licence.

In general provided an applicant is aged 18 or over, is entitled to work in the UK, has

an approved qualification, has not had a personal licence forfeited within 5 years of this

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application and does not have relevant criminal convictions or civil penalty received

after 6 April 2017 for immigration matters, the application must be granted.

18.2 Individuals applying for a personal licence must be entitled to work in the UK. Licences

must not be issued to people who are illegally present in the UK who are not permitted

to work, or who are permitted to work but are subject to a condition that prohibits them

from doing work relating the carrying on of a licensable activity.

18.3 Where an applicant’s immigration permission to live and work in the UK is time-limited,

a personal licence may be issued but will become invalid when the immigration

permission expires. In the event that the Home Office cuts short or ends a person’s

immigration permission, any personal licence issued in respect of an application made

on or after 6 April 2017 will automatically lapse.

18.4

If an applicant declares that they have been issued with an immigration penalty or

convicted of an immigration offence or foreign offence comparable to an immigration

offence, the licensing authority is required to notify the Secretary of State for the Home

Department (through Home Office Immigration Enforcement).

18.5 If an applicant has a relevant conviction the Police can oppose the application. If an

applicant has been issued with an immigration penalty or convicted of a relevant

immigration offence on or after 6 April 2017, the Home Office may object to the

application. When an objection is lodged a hearing must be held.

18.6

Applicants with unspent convictions for relevant offence as set out in the Regulations

made under the Act are encouraged to first discuss their application with the Council’s

Licensing Officer and/or the Police.

18.7 At a hearing in respect of an objection to the granting of a personal licence, or the

revocation of an existing licence, the Council will consider carefully whether the grant

of, or continuation of, the licence will be in the interests of the crime prevention objective.

It will consider the seriousness and relevance of any conviction(s), the period that has

elapsed since the offence(s) was/were committed and any mitigating circumstances.

The Council will only grant the application, if it is satisfied that doing so will promote this

objective.

18.8 Prevention of crime is both an objective of the Licensing Act 2003 and a responsibility

of the Council under the Crime and Disorder Act 1998. A person holding a personal

licence should be a person who is not only properly qualified but a person who will assist

in the prevention of crime. Granting a licence to a person with a relevant criminal record

could undermine rather than promote the crime prevention objective.

18.9

From 6 April 2017 the Policing and Crime Act 2017 gives licensing authorities the power

to revoke or suspend personal licences. This is a discretionary power and may be

undertaken when a licensing authority becomes aware that the licence holder has been

convicted of a relevant offence or foreign offence or been required to pay an immigration

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penalty on or after 6 April 2017. The decision must be made by the Licensing Committee

or sub-committee and they may revoke the licence or suspend it for a period up to 6

months.

19. 19. Premises licence

19.1 A premises licence is granted in respect of any premises, other than a private members

club or similar type premises, authorised for one or more licensable activities, such as

the supply of alcohol, late night refreshment or regulated entertainment.

19.2 There are some exemptions for the requirement of a licence and they include the

exhibition of films for educational or promotional reasons, films shown as part of an

exhibition, amplified live and recorded music to audiences of less than 500 people

between the hours of 8.00 am and 11.00 pm. Applicants are advised to contact the

licensing authority on other exemptions for further guidance.

19.3 Where alcohol is supplied, a Designated Premises Supervisor, who must be the holder

of a personal licence, must be nominated to authorise the sale of alcohol at the

premises.

19.4 Premises licences are issued to individuals over the age of 18 years who carry on, or

propose to carry on, a business which involves the use of the premises for licensed

activities. In addition, charities, health service bodies, educational institutions and

persons of other prescribed descriptions may apply for a premises licence.

19.5 A licence may be issued subject to conditions, which must be complied with at all times

whilst the premise is being used for licensable activities during the times specified in

the licence. Failure to comply with the terms and conditions of a licence or if licensable

activities are carried out without a premises licence, may result in a fine, which is

unlimited or a term of imprisonment of up to 6 months, or both.

19.6 Fees for licences are based on the rateable value of a premises and although licences

are usually issued for an indefinite period, an annual fee is payable.

19.7 It is an expectation that the premises licence holder and designated premises

supervisor will be aware of their permitted licensable activity types, permitted hours and

conditions of licence. Failure to demonstrate or have a lack of regard could result in a

lack of confidence in management by a Responsible Authority.

20. 20. Club premises certificate

20.1 A qualifying club, industrial and provident society, friendly society and miners welfare

institute that satisfies the criteria specified in part 4 of the Licensing Act 2003 may

provide licensable activities for its members and guests of a member that are

authorisation by a club premises certificate (CPC).

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20.2 A CPC only authorises the use of a premises for the benefit of its members and their

guests and cannot be used to provide licensable activities to non-members. If the

premises are to be used to provide licensable activities for non-members an additional

authorisation will be required. This may be a premises licence (PL) or a temporary

event notice (TEN).

20.3 A premises operating under the authorisation of a CPC enjoy special privileges. If a

club premises operate under the authorisation of a PL or TEN the privileges do not

apply. The privileges include; restricted rights of entry, no need to have a qualified

person authorising sales of alcohol. Other considerations would be different taxation

rules, advice should be sought from HMRC.

20.4 It is an expectation that the CPC holder will be aware of their permitted licensable

activity types, permitted hours and conditions of licence. Failure to demonstrate or have

a lack of regard could result in a lack of confidence in management by a Responsible

Authority

21. 21. Temporary Event Notices

21.1 Temporary Event Notices (TENs) can be used to allow licensable activities to be carried

out on a one-off or occasional basis. They are the most appropriate type of authorisation

for small-scale, one-off events, such as community, school and charity fundraising

events, at which it is intended to:

• sell or supply alcohol;

• provide regulated entertainment; or

• sell hot food/drink between 11 pm and 5 am.

21.2 Unless sent electronically, a TEN must be sent to the relevant licensing authority, to the

Police and the local authority exercising environmental health functions at least ten

working days before the event. A premises user may also give a limited number of

“Late TENs” to the licensing authority less than 10 working days before the event, but

certain restrictions apply.

21.3 The Police or authority exercising environmental health functions may intervene to

restrict the event or prevent the event taking place. They may agree a modification of

the TEN directly with the TEN user. When giving a TEN, the premises user should

consider the promotion of the four licensing objectives.

21.4 There are two types of TEN, a standard TEN and a late TEN. A standard notice is given

no later than ten working days before the event to which it relates and a late notice is

given not before nine and not later than five working days before the event. The period

excludes the day the notice is received and the first day of the event. Late TENs are

intended to assist premises users who are required to submit a notification at short

notice for reasons outside their control.

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21.5 The Police and authority exercising environmental health functions have a period of

three working days from when they are given the notice to object to it on the basis on

any of the four licensing objectives.

21.6 If an objection notice is received in relation to a standard TEN the licensing authority

must hold a hearing to consider the objection, unless all parties agree that a hearing is

unnecessary.

21.7 If an objection notice is received in relation to a late TEN, the notice will not be valid

and the event will not be permitted to go ahead as there is no scope for a hearing or for

any existing licence conditions to be applied to the notice.

21.8 A number of limitations are imposed on the use of TENs by the Licensing Act 2003.

Notice givers are advised to contact the licensing authority for further advice.

21.9 The Licensing Authority recommends that anyone wishing to submit a Temporary Event

Notice, particularly where this involves the provision of regulated entertainment, gives

as much notice to the Authority as possible, to ensure that proper advice can be given

and any anticipated issues resolved in a planned and timely manner. Whilst notices

can legally be submitted with 10 working days or a late notice in 5 working days prior to

the event taking place, a period of 12 weeks is recommended for larger events.

21.10 The Licensing Authority may notify the Council’s Event Safety Advisory Group (ESAG)

of any Temporary Event Notices involving the provision of regulated entertainment.

This Panel brings together the various enforcement bodies that may be responsible for

enforcement in respect of an event, along with any applicants and other organisers, and

allows agreement to be reached regarding the way that the event will be organised etc.

It is recommended that all applicants submitting a Temporary Event Notice go through

the Events Panel when drawing up their Notice, and the Events Panel will be of

particular assistance to charities, community and voluntary groups, and other event

organisers who may not have access to legal advice or technical knowledge.

It is recommended that ESAG is contacted in adequate time to factor in the possibility

of objections to a licence or temporary event and the hearing timescale. As such, it is

recommended that ESAG be contacted for events under 500 people, 24 working days

before the event and 68 working days before the event for events over 500. This is

recommended where alcohol, regulated entertainment and/or late night refreshment is

taking place.

21.11

External areas and outdoor events will normally be restricted to 08.00 – 22.00hrs unless

the applicant can demonstrate the comprehensive control measures have been

implemented that ensure the promotion of the licensable objectives, in particular the

public nuisance objective.

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22. 22. Sale and supply of alcohol

22.1 Shops, stores and supermarkets should generally be permitted to sell alcohol for

consumption off the premises during the normal hours they intend to open for shopping

purposes. However, in the case of individual premises, which are known to be a focus

or cause of disorder and disturbance then, subject to representations from the police

and other responsible authorities, a limitation on licensing hours may be appropriate.

22.2 Licensed premises authorised under the Act for the sale and/or supply of alcohol must

consider their responsibilities with regard to who they supply with alcoholic drinks, in

particular:

The sale to persons under the age of 18 years

The sale to persons who are delivering to persons under the age of 18 years

The sale to persons who are drunk

22.3 The Licensing Authority actively encourages that the sale or supply of alcohol should

terminate at least thirty minutes to fourth five before the closing time of the premises.

This provides a suitable ‘wind down’ period and a slower dispersal of customers.

22.4 The council recommend that any licensed premises that is authorised to sell or supply

alcohol have a policy that sets out how the sale or supply is controlled and must include

staff training requirements. Records should be kept of all training provided and any

incidents e.g. a refusal to sell and reasons.

23. 23. Regulated entertainment

23.1 Schedule 1 to the 2003 act sets out what activities are regarded as the provision of

regulated entertainment and when they are licensable and those activities, which are

not and therefore exempt from the regulated entertainment regime. (Applicants are

strongly advised to review Home Office Section 182 Guidance of the Licensing Act 2003

regarding Regulated Entertainment).

The descriptions of entertainment activities licensable under the 2003 Act are:

A performance of a play;

An exhibition of a film;

An indoor sporting event;

A boxing or wrestling entertainment;

A performance of live music;

Any playing of recorded music;

A performance of dance; and

Entertainment of a similar description to a performance of live music, any playing

of recorded music or performance of dance.

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To be licensable, on or more of these activities needs to be provided for the purpose

(at least partly) of entertaining an audience; has to be held on premises made available

for the purpose of enabling that activity; and must also either:

Take place in the presence of a public audience, or

Where that activity takes place in private, be the subject of a charge made with a

view to profit.

23.2 Public Audience

For the purpose of regulated entertainment, the term “audience” refers to any person

for whose entertainment (at least in part) any licensable activities are provided. An

audience member need not be, or want to be, entertained: what matters is that an

audience is present and that the purpose of the licensable activity is (at least in part)

intended to entertain any person present. The audience will not include performers,

together with any person who contributes technical skills in substantial support of a

performer (for example, a sound engineer or stage technician), during any associated

activities. This includes setting up before the entertainment, reasonable breaks

(including intervals) between activities and packing up thereafter. Similarly, security

staff and bar workers will not form part of the audience while undertaking their duties.

More than one entertainment activity (or single activity, more than one performance or

event) can be held concurrently, provided that the audience for each such performance

or event does not exceed the threshold at which such a performance or event does not

exceed the threshold at which such a performance or event becomes licensable. In

some circumstances, there will be a clear distinction between performances or events;

for example, their taking place in separate rooms or on separate floors. However,

organisers will have to ensure that audiences do not grow or migrate, so that the

audience exceeds the relevant limit for any one performance or event at any time. If

there is the possibility of audience migration, it might be easier and more flexible to

secure an appropriate authorisation.

23.3 Overview of circumstances in which entertainment activities are not licensable

There are a number of exemptions that mean that a licence (or other authorisation)

under the 2003 is not required. This Policy cannot give examples of every eventuality

or possible entertainment activity that is not licensable. However, the following activities

are examples of entertainment which are not licensable:

Activities which involve participation as acts of worship in a religious context;

Activities in places of public religious worship;

Education – teaching students to perform music or to dance;

The demonstration of a product – for example, a guitar – in a music shop;

The rehearsal of a play or performance of music for a private audience where no

charge is made with a view to make a profit;

Morris dancing (or similar);

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Incidental music – the performance of live music or the playing of recorded music

if it is incidental to some other activity;

A spontaneous performance of music, singing or dancing;

Garden fetes – or similar if not being promoted or held for purposes of private gain;

Films for advertisement, information, education or in museums or art galleries;

Television or radio broadcasts – as long as the programme is live and simultaneous;

Vehicles in motion – at a time when the vehicle is not permanently or temporarily

parked;

Games played in pubs, youth clubs etc. (e.g. pool, darts and table tennis);

Stand-up comedy; and

Provision of entertainment facilities (e.g. dance floors)

23.4 Deregulatory changes where a licence is not required

As a result of deregulatory changes that have amended the 2003 Act, no licence is

required for the following activities:

Plays: no licence is required for performances between 08.00 and 23.00 on any

day, if the audience do not exceed 500.

Dance: no licence is required for performances between 08.00 and 23.00 on any

day, if the audience do not exceed 500.

Films: no licence is required for ‘not-for-profit’ film exhibition held in community

premises between 08.00 and 23.00 on any day, provided that the audience does

not exceed 500 and the organiser (a) gets the consent to the screening from a

person who is responsible for the premises and (b) ensures that such screening

abides by age classification ratings.

Indoor sporting events: no licence is required for an event between 08.00 and

23.00 on any day, if the audience do not exceed 1000.

Boxing or wrestling entertainment: no licence is required for a contest exhibition

or display of Greco-Roman wrestling, or freestyle between 08.00 and 23.00 on any

day, if the audience do not exceed 1000.

Live unamplified music: No licence is required for a performance of unamplified

live music between 08.00 and 23.00 on any day, on any premises.

Live amplified music: No licence is required for a performance of amplified live

music between 08.00 and 23.00 on any day

- on premises authorised to sell alcohol for consumption on the premises, if the

audience do not exceed 500.

- In a workplace that does not have a licence, if the audience do not exceed 500.

- In a church hall, village hall, community hall, or other similar community

premises, that is not licensed by a premises licence to sell alcohol, provided

that (a) the audience does not exceed 500, and (b) the organiser gets consent

for the performance on the relevant premises from (i) the local authority

concerned, or (ii) the school or (iii) the health care provider for the hospital.

Recorded music: No licence is required for any playing of recorded music between

08.00 and 23.00 on any day

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- On premises authorised to sell alcohol for consumption on the premises, if the

audience do not exceed 500.

- In a church hall, village hall, community hall, or other similar community

premises, that is not licensed by a premises licence to sell alcohol, provided

that (a) the audience does not exceed 500, and (b) the organiser gets consent

for the performance from a person who is responsible for the premises.

- At the non-residential premises of (i) a local authority, or (ii) a school, or (iii) a

hospital, provided that (a) the audience do not exceed 500, and (b) the

organiser gets consent for the performance on the relevant premises from: (i)

the local authority concerned, or (ii) the school proprietor or (iii) the health care

provider for the hospital.

Cross Activity Exemptions: No licence is required between 08.00 and 23.00 on

any day, with no limit on audience size for:

- Any entertainment taking place on the premises of the local authority where

the entertainment is provided by or on behalf of the local authority;

- Any entertainment taking place on the hospital premises of the health care

provider where the entertainment is provided by or on behalf of the health care

provider.

- Any entertainment taking place on the premises of the school were the

entertainment is provided by or on behalf of the school and

- Any entertainment (excluding films and a boxing or wrestling entertainment)

taking place at a travelling circus, provided that (a) it takes place within a

moveable structure that accommodates the audience, and (b) that the

travelling circus has not been located on the same site for more than 28

consecutive days.

If organisers are uncertain as to audience size or if audience migration is likely, it might

be easier and more flexible to secure an appropriate authorisation.

Examples of where a Temporary Event Notice (TEN) could still be required include if

the activity is the playing of recorded music or the exhibition of a film that required an

authorisation; or if the entertainment is not authorised by an existing licence or

certificate and its conditions.

Of course, anyone involved in the organisation or provision of entertainment activities

– whether or not any such activity is licensable under the 2003 Act – must comply with

any applicable duties that may be imposed by other legislation relevant to the event

(e.g. in areas such as crime and disorder, fire, health and safety, noise, nuisance and

planning). Any such person should take steps to be aware of relevant best practice,

and may find responsible authorities a useful source of expert support and advice.

23.5 Circumstances in which entertainment activities are no longer licensable

Local Authorities, hospital healthcare providers and school proprietors: cross

entertainment activity exemption

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No licence is required for any entertainment provided by or on behalf of a local authority,

health care provider, or school proprietor to the extent that it takes place on defined

premises, between 08.00 and 23.00 on any day provided that:

For entertainment provided by, or on behalf of, a local authority it takes place

on premises in which that authority has relevant property interest, or is in lawful

occupation.

For entertainment provided by, or on behalf of, a health care provider, providing

it takes place on any premises forming part of a hospital in which the provider

has a relevant property interest, or is in lawful occupation; and

For entertainment provided by, or on behalf of, a school proprietor it takes place

on the premises of the school.

The policy cannot give examples of every eventuality where entertainment is not

licensable under this exemption through being provided “by or on behalf of”. It will

depend on the facts in each case.

However, the following are examples of activities that are not usually considered to be

licensable under this exemption:

Any entertainment activity hosted by a local authority on their own premises

where there is a significant relationship between the local authority and the

provider of the entertainment (e.g. principal and agent);

Any entertainment activity organised on a local authority’s behalf on that local

authority’s premises by a cultural trust in discharge of a local authority’s

discretionary power to arrange entertainment provision and support for the arts,

including festivals and celebrations.

Any entertainment activity organised by a healthcare provider on their own

hospital premises in partnership with a hospital charity.

Any entertainment event on school premises organised by the Parent Teacher

Association (PTA) to benefit the school.

It is for the local authority, health care provider or school proprietor to determine

whether, and on what basis, they can (or wish) to provide entertainment activity under

this exemption, including consideration of issues around fundraising, profit making,

governance or use of public funds. However a pure hire of premises by a third party

does not constitute the provision of an entertainment event “on behalf of” a local

authority, healthcare provider, or school proprietor and nor does commercial

entertainment which the local authority merely facilitates through providing a public

space.

All the terms used in this exemption such as “local authority”, “health care”, “health care

provider”, “hospital”, “school”, “school premises”, “school proprietor”, domestic

premises” and “relevant property interest” are defined in the 2014 Order.

Local authority, hospital and school premises: third party music entertainment

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No licence is required for a performance of live music or the playing of recorded music

on local authority, hospital or school premises, that are not domestic premises, between

08.00-23.00 on any day provided that;

It is performed in front of an audience of no more than 500 people; and

A person concerned in the organisation or management of the music

entertainment has obtained the prior written consent of the local authority,

health care provider or school proprietor (as appropriate) for that entertainment

to take place. It is for these “trusted providers” to determine whether, or not,

they wish to make their premises available for music entertainment by a 3rd

party and on what terms they deem it appropriate.

Community premises: music entertainment

No licence is required for a performance of live music or the playing of recorded music

on community premises, between 08.00-23.00 on any day provided that;

The community premises are not authorised, by a premises licence or club

premises certificate, to be used for the supply of alcohol for consumption on the

premises;

The music entertainment is in the presence of an audience of no more than

500 people and

A person concerned in the organisation or management of the music

entertainment has obtained the prior written consent of the management

committee of the premises, or if there is no management committee, a person

who has control of the premises in connection with the carrying on by that

person of a trade, business or other undertaking, or failing that a person with a

relevant property interest in the premises.

Community premises: exhibition of film

No licence is required for an exhibition of a film on community premises between 08.00-

23.00 on any day providing that

The film entertainment is not provided with a view to a profit

The film entertainment is in the presence of an audience of no more than 500

people

The admission of children is subject to such restrictions as are necessary to

comply with the recommendation issued by BBFC or relevant licensing authority

regarding the admission of children and

A person concerned in the organisation or management of the exhibition of the

film has obtained the prior written consent of the management committee of the

premises, or if there is no management committee, a person who has control of

the premises in connection with the carrying on by that person of a trade,

business or other undertaking, or failing that a person with a relevant property

interest in the premises

Under this exemption, one condition is that the film entertainment is not being provided

with a view to profit. An entry charge does not of itself make the film entertainment

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licensable; it is whether the organiser intended to make a profit (that includes raising

money for charity). A charge or contribution that is made solely to cover the costs of

the film screening is consistent with ‘not being provided with a view to profit’. The ‘not

with a view to profit’ condition applies solely to the activity of exhibiting the film under

this exemption. A charge with a view to making a profit may legitimately be levied for

any other activity or event that is distinct from film admission, such as the provision of

refreshments, film talks, or a social event.

This community film exemption is also conditional on those responsible having in place

operating arrangements that ensure that the age rating for the film is implemented by

means of a suitable child admission policy. How this is achieved is a matter for the

organisation or social group exhibiting the film. For example, they may operate a

membership subscription scheme which pays for entry to all titles in a season and is

limited to adults. It could be a children’s film club with a policy of only showing films that

are suitable for all by being rated ‘U’ by the BBFC. Alternatively, the organisers could

sell tickets to the public and ensure that children are only permitted to attend in

accordance with any age rating for the film – i.e. a door admissions policy linked to proof

of age.

Travelling Circuses

Where types of entertainment are present in a performance by a travelling circus they

will not be licensable provided that certain qualifying conditions are met. The qualifying

conditions are;

The entertainment is not an exhibition of a film or a boxing or wrestling

entertainment;

The entertainment takes place between 08.00hrs and 23.00hrs on the same

day;

The entertainment takes place wholly within a moveable structure and the

audience present is accommodated wholly inside that moveable structure; and

The travelling circus has not been located on the same site for more than 28

consecutive days.

Live Music

Live music is licensable -

Where a performance of live music – whether amplified or unamplified – takes

place before 08.00 or after 23.00 on any day;

Where a performance of amplified live music does not take place either on

relevant licensed premises, or at a workplace that is not licensed other than for

the provision of late night refreshment;

Where a performance of amplified live music takes place at a time when the

relevant licensed premises are not open for the purposes of being used for the

sale or supply of alcohol for consumption on the premises;

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Where a performance of amplified live music takes place at relevant licensed

premises, or workplaces, in the presence of an audience of more than 500

people; or

Where a licensing authority intentionally removes the effect of the deregulation

provided for by the 2003 Act when imposing a condition on a premises licence

or club premises certificate as a result of a licence review.

In any of the above circumstances, unless the performance of live music is appropriately

authorised by a premises licence, club premises certificate or TEN, allowing it to take

place could lead to enforcement action and, where relevant, a review of the alcohol

licence or certificate.

A public performance of live unamplified music that takes place between 08.00 and

23.00 on the same day no longer requires a licence under the 2003 Act in any location.

An exception to this is where a specific condition related to live music is included

following a review of the premises licence or club premises certificate in respect of

relevant licensed premises.

Key terms used in relation to live music

Under the live music provisions, “music” includes vocal or instrumental music or any

combination of the two. “Live music” is a performance of live music in the presence of

an audience which it is intended to entertain. While a performance of live music can

include the playing of some recorded music, ‘live’ music requires that the performance

does not consist entirely of the playing of recorded music without any additional

(substantial and continual) creative contribution being made. So, for example, a drum

machine or backing track being used to accompany a vocalist or a band would be part

of the performance of amplified live music. The performance of a DJ who is merely

playing tracks would not be classified as live music, but it might if he or she was

performing a set which largely consisted of mixing recorded music in a live performance

to create new sounds. There will inevitably be a degree of judgement as to whether a

performance is live music (or recorded music) and organisers of events should check

with their licensing authority if this consideration is relevant to whether the activity is

authorised by a licence or certificate. In the event of a dispute about whether a

performance is live music or not, it will be for the licensing authority initially and

ultimately, for the courts to decide in the individual circumstances of any case.

A “workplace” is as defined in regulation 2(1) of the Workplace (Health, Safety and

Welfare) Regulations 1992 and is anywhere that is made available to any person as a

place of work. It is a very wide term which can include outdoor spaces, as well as the

means of entry and exit.

A “relevant licensed premises” for the purposes of this chapter is one which is

authorised to sell or supply alcohol for consumption on the premises by a premises

licence or club premises certificate. Premises cannot benefit from the deregulation

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introduced by the 2012 Act by virtue of holding an authorisation for the sale or supply

of alcohol under a TEN.

Recorded Music

No licence is required for recorded music where it takes place on premises which are

authorised by a premises licence or club premises certificate to be used for the supply

of alcohol for consumption on the premises. However, recorded music remains

licensable

Where the playing of recorded music takes place before 08.00 or after 23.00 on

any day;

Where the playing of recorded music takes place at a time when the relevant

licensed premises are not open for the purposes of being used for the sale or

supply of alcohol for consumption on the premises;

Where the playing of recorded music takes place at a relevant licensed

premises in the presence of an audience of more than 500 people; and

Where a licensing authority intentionally removes the effect of the deregulation

provided for by the 2003 Act (as amended).

Plays and Dance

No licence is required for a performance of a play or dance to the extent that certain

qualifying conditions are satisfied. However a performance of a play or dance remains

licensable;

Where the performance takes place before 08.00 or after 23.00 on any day; or

Where the performance takes place in the presence of an audience of more

than 500 people.

Indoor Sport

No licence is required for an indoor sporting event to the extent that certain qualifying

conditions are satisfied. However an indoor sporting event remains licensable;

Where the performance takes place before 08.00 or after 23.00 on any day; or

Where the event takes place in the presence of more than 1000 spectators.

23.6 Licence Conditions

Live Music or Recorded Music

Any existing licence conditions (or conditions added on a determination of an

application for a premises licence or club premises certificate which relate to live music

or recorded music remain in place, but are suspended between the hours of 08.00 and

23.00 on the same day where the following conditions are met:

At the time of the music entertainment, the premises are open for the purposes of

being used for the sale or supply of alcohol for consumption on the premises;

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If the music is amplified, it takes place before an audience of no more than 500

people; and

The music takes place between 08.00 and 23.00 on the same day.

Whether a licence condition relates to live or recorded music will be a matter of fact in

each case. In some instances, it will be obvious that a condition relates to music and

will be suspended, for example “during performances of live music all doors and

windows must remain closed”. In other instances, it might not be so obvious: for

example, a condition stating “during performances of regulated entertainment all doors

and windows must remain closed” would be suspended insofar as it relates to music

between 08.00 and 23.00 on the same day to an audience of up to 500, but the condition

would continue to apply if there was regulated entertainment after 23.00.

More general licence conditions (e.g. those relating to overall management of potential

noise nuisance) that are not specifically related to the provision of entertainment (e.g.

signage asking patrons to leave quietly) will continue to have effect)

These conditions will, in effect, be suspended between 08.00 and 23.00 if a

performance of live music or the playing of recorded music takes place before an

audience of 500 people or fewer, but will remain on the face of the licence for when

these activities may take place under other circumstances.

Where a performance of live music or the playing of recorded music on relevant licensed

premises is not licensable, it remains possible for anyone to apply for a review of a

licence or certificate, if there are appropriate grounds to do so.

Beer Gardens

Beer gardens are often included as part of a premises licence or club premises

certificate. Live amplified music that takes place in a beer garden is exempt from

licensing requirements, provided the beer garden is included in the licence or certificate

applying to the relevant licensed premises, and the performance takes place between

08.00 and 23.00 on the same day before an audience of 500 people or fewer.

Where a beer garden does not form part of the relevant licensed premises and so is not

included in plans attached to a premises licence or club premises certificate, it is

nevertheless very likely that it will be a workplace.

Paragraph 12B of Schedule 1 to the 2003 Act says that a performance of live music in

a workplace that does not have a licence (except to provide late night refreshment) is

not regulated entertainment if it takes place between 08.00 and 23.00 on the same day

in front of an audience of no more than 500 people. Note that the exemption in

paragraph 12B does not apply to the playing of recorded music.

However, a licensing authority may, where justified, impose a licence condition that

relates to the performance of live music in an unlicensed beer garden being served by

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any associated premises licence or club premises certificate. Provided such a condition

is lawfully imposed, it takes effect in accordance with its terms.

Plays, dance and indoor sport

Where qualifying conditions are satisfied, any current licence condition that relates to a

performance of a play or dance, or an indoor sporting event for which a licence is no

longer required will (except in the circumstances described in the next paragraph) have

no effect.

Where, however, these non-licensable activities take place at the same time as other

activities for which a licence is required (e.g. the sale or supply of alcohol for

consumption on the premises), conditions included in a licence may nevertheless apply

to the non-licensable activities in the circumstances set out above.

Dance that is sufficiently sexual in nature continues to be regulated. Performances of

dance which are “relevant entertainment” within the meaning of the Local Government

(Miscellaneous Provisions) Act 1982 (“the 1982 Act”) are not deregulated, regardless

of the size of the audience or the time of day. “Relevant entertainment” is defined in the

1982 Act as a live performance or live display of nudity that, ignoring financial gain, can

be assumed to be provided solely or principally for the purpose of sexually stimulating

any member of the audience.

In almost all cases where a performance of dance is potentially licensable as both the

provision of relevant entertainment (under the 1982 Act) and regulated entertainment

(under the 2003 Act), the 1982 Act disapplies the entertainment licensing regime in the

2003 Act in favour of its stricter regime for the control of sex establishments. However,

an authorisation under the 2003 Act rather than the 1982 Act will continue to be required

where:

The premises are not licensed as a sex entertainment venue under the 1982 Act,

and

Relevant entertainment has been provided at those premises on no more than 11

occasions in any 12 month period, with none of those occasions lasting longer than

24 hours or taking place within a month of any such occasion.

Boxing or wrestling entertainment and conditions relating to combined fighting

sports

An indoor boxing or wrestling entertainment cannot also be an indoor sporting event,

and any contest, exhibition or display that combines boxing or wrestling with one or

more martial arts (‘combined fighting sports’) is – whether indoors or not – a boxing or

wrestling entertainment.

Where a premises licence or club premises certificate purports to authorise a boxing or

wrestling entertainment or combined fighting sports as an ‘indoor sporting event’, the

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2013 Order provides that the authorisation will be treated as having authorised those

activities as a boxing or wrestling entertainment. Those activities will continue to be

subject to any relevant conditions attached to that authorisation.

A contest, exhibition or display of Greco-Roman wrestling, or of freestyle wrestling,

between two participants (regardless of their sex) does not require a licence provided

that certain qualifying conditions are met. They are that:

It takes place in the presence of no more than 1,000 spectators;

It takes place between 08.00 and 23.00 on the same day; and

It takes place wholly inside a building and the spectators present at that

entertainment are accommodated wholly inside that building.

23.7 Conditions relating to other non-licensable activities

If appropriate for the promotion of the licensing objectives, and if there is a link to

remaining licensable activities, conditions that relate to non-licensable activities can be

added to or altered on that premises licence or club premises certificate at review

following problems occurring at the premises. This has been a feature of licence

conditions since the 2003 Act came into force. A relevant example could be the use of

conditions relating to large screen broadcasts of certain sporting events which,

combined with alcohol consumption, could create a genuine risk to the promotion of the

licensing objectives. It is also not uncommon for licence conditions relating to the sale

of alcohol to restrict access to outside areas, such as unlicensed beer gardens, after a

certain time.

Similarly, while karaoke no longer needs licensing as the provision of entertainment

facilities (and will generally be classed as a performance of live music) it might, for

example, be possible on review to limit the use or volume of a microphone made

available for customers on an ‘open-mic’ night (which encompasses more than just live

music), if a problem had occurred because of customers purchasing alcohol for

consumption on the premises becoming louder and less aware of causing noise

nuisance later in the evening. Another example might be a condition restricting access

to a dance floor at certain times, where the presence of customers in close proximity

who had been consuming alcohol on the premises had led to serious disorder. In the

first instance it is for the licensing authority to satisfy itself that a particular condition is

appropriate and lawful in each case.

23.8 Incidental music

The performance of live music or playing of recorded music is not regulated

entertainment under the 2003 Act if it is ‘incidental’ to another activity “which is not itself

a description of entertainment falling within paragraph 2” of Schedule 1 to the 2003 Act.

16.58 The incidental music exemption can apply to an indoor sporting event or a

performance of a play or dance for which no licence is required, as it takes place

between 08.00 and 23.00 on the same day and before an audience which does not

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exceed the relevant limit. This is because such an activity is no longer a description of

entertainment within the meaning of paragraph 2 of Schedule 1 to the 2003 Act. This

means that, while a performance of live music or the playing of recorded music cannot

be incidental to a boxing or wrestling entertainment, such music may be within the scope

of the incidental music exemption for an indoor sporting event or performance of a play

or dance for which no licence is required.

Whether or not music is “incidental” to another activity will depend on the facts of each

case. In considering whether or not live or recorded music is incidental, one relevant

factor could be whether, against a background of the other activities already taking

place, the addition of music will create the potential to undermine the promotion of one

or more of the four licensing objectives of the 2003 Act. Other factors might include

some or all of the following:

Is the music the main, or one of the main, reasons for people attending the premises

and being charged?

Is the music advertised as the main attraction?

Does the volume or the music disrupt or predominate over other activities, or could

it be described as ‘background’ music.

Conversely, factors which would not normally be relevant in themselves include:

The number of musicians, e.g. an orchestra providing incidental music at a large

exhibition;

Whether musicians are paid;

Whether the performance is pre-arranged; and

Whether a charge is made for admission to the premises.

In any disputed case, it will be for the licensing authority initially and, ultimately, for the

courts to consider whether music is “incidental” in the individual circumstances of any

case.

23.9 Removing licence conditions

On a review of a premises licence or club premises certificate, section 177A(3) of the

2003 Act permits a licensing authority to lift the suspension and give renewed effect to

an existing condition relating to music. Similarly, under section 177A(4), a licensing

authority may add a condition relating to music as if music were regulated

entertainment, and as if that premises licence or club premises certificate licensed the

music. In both instances the condition should include a statement that Section 177A

does not apply to the condition.

An application for a review in relation to relevant premises can be made by a licensing

authority, any responsible authority or any other person. Applications for review must

still be relevant to one or more of the licensing objectives and meet a number of further

requirements.

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23.10 Busking

Busking or street performance is the practice of performing in public spaces for money.

Performances are not limited to music or singing and can take the form of a wide range

of activities that people find entertaining.

Busking is generally not licensable under the 2003 Act as

It often occurs in a place that is not a premises made available (at least in part) for

the purposes of providing entertainment.

The entertainment is usually incidental to another activity, such as shopping or

sightseeing, as there are few circumstances in which anyone would go out

specifically to watch buskers; and

Any unamplified live music is not licensable between 08.00 and 23.00.

23.11 Incidental Film

An exhibition of a film within the meaning of paragraph 15 of Schedule 1 to the 2003

Act is not regulated entertainment if it is ‘incidental’ to another activity “which is not itself

a description of entertainment falling within paragraph 2” of Schedule 1 to the 2003 Act.

The incidental film exemption can apply to an indoor sporting event or a performance

of a play or dance for which no licence is required as it takes place between 08.00 and

23.00 on the same day before an audience which does not exceed the relevant limit.

Such activities would no longer be a description of entertainment within the meaning of

paragraph 2 of Schedule 1 to the 2003 Act

This means that, while any exhibition of moving pictures cannot be incidental to a boxing

or wrestling entertainment, such film displays may be within the scope of the incidental

film exemption for an indoor sporting event or performance of a play or dance for which

no licence is required.

Whether or not an exhibition of moving pictures is “incidental” to another activity will

depend on the facts of each case. In considering whether or not film is incidental, one

relevant factor could be whether, against a background of the other activities already

taking place, the addition of an exhibition of moving images will create the potential to

undermine the promotion of one or more of the four licensing objectives of the 2003 Act.

This would mean that if the BBFC or the relevant licensing authority has given an age

rating to a film, video, or music video, then to qualify for the “incidental film” licensing

exemption, the admission of children to the premises will need to be restricted in

accordance with the appropriate age rating. But that is one aspect of one relevant factor.

Other factors to consider in assessing whether film is incidental might include some or

all of the following:

Is the film the main, or one of the main, reasons for people attending the premises

and being charged?

Is the film advertised as the main attraction?

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Does the screening of the film predominate over other activities, or could it be

described as ‘background’ images?

Does the appearance of moving pictures within another entertainment activity, for

which no licence is required (e.g. a performance of a play or dance), undermine the

promotion of the licensing objectives?

23.12 Entertainment activity provided as part of childcare

Entertainment activity that is provided as part of childcare will generally not be

licensable. This includes entertainment activity in a nursery or private home. In addition,

paragraph 5 of Schedule 1 to the 2003 Act includes a licensing exemption for an

exhibition of a film where the main purpose is to provide education. Education will

generally include all forms of pre-school child and day care. Furthermore, an exhibition

of a film, or the playing of live or recorded music, will generally be incidental to the

activity of childcare and so the incidental music and film exemption in paragraph 7 of

Schedule 1 will also apply. This will generally be the case for any entertainment activity

organised as part of wraparound childcare, including breakfast clubs, after school clubs

or holiday clubs linked to the child’s school or based in the local community.

23.13 Child Performers

Child performance legislation requires that a licence must be obtained from a child’s

home local authority before a child can take part in certain types of performance and

activities. A licence may be required whether or not any payment is made for the child

to perform. The deregulation of entertainment licensing does not alter the regulations

on when children can take part in performances. For further information on the licence

for Child Performers contact the Education Welfare Officer of the Council.

24. 24. Administration

The council’s licensing team administer all aspects of the Licensing Act 2003, including

applications, representations and requests for assistance and advice. The council’s

website has detailed information on all of the services it offers for licensees, applicants,

complainants and all other enquiries. Application information and forms can be

downloaded from our website. The licensing teams can be contacted by any of the

following means:-

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Licensing Section

Newport City Council,

Licensing,

PO BOX 883,

Civic Centre,

Godfrey Road,

Newport.

NP20 4UR

Tel: 01633 656656

Email: [email protected]

Website: www.newport.gov.uk/licensing

25. 25. Application procedures

25.1 Prospective applicants are strongly recommended to seek pre-application advice.

Advice on the application process will be given, but at no stage will the Licensing

Authority complete the application form on behalf of an applicant. The council’s website

has detailed information on all of the services it offers for licensees, applicants,

complainants and all other enquiries. In addition the website can be used to search

existing licences to view activities, times and conditions and is available at

www.newport.gov.uk/licensing

25.2 In accordance with the Provision of Services Regulations 2009, electronic application

facilities for premises licences are available and may be found on GOV.UK or

www.newport.gov.uk/licensing. Electronic applications for other categories of licence

and authorisations are also available on these sites. Applications made in electronic

form or via GOV.UK will be sent to the responsible authorities by the licensing authority.

If the applicant submits their application in writing, they will remain responsible for

copying it to the responsible authorities.

25.3 Details of applications are available via Newport City Council website at

www.newport.gov.uk/licensing

25.4 Applications for all licences and authorisations available under the 2003 Act must be

made on the relevant form prescribed under secondary regulations. Applications will

not be progressed until the form has been completed in full and received, together with

the relevant fee(s) and all other required information, by the Licensing Authority and the

relevant responsible authorities.

25.5 Where electronic applications are made, the application will be taken to be ‘given’ when

the applicant has submitted a complete application form and submitted the fee.

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25.6 The Responsible Authorities are:

Responsible Authority Contact details

Licensing Authority Newport City Council,

Licensing,

PO BOX 883,

Civic Centre,

Godfrey Road,

Newport.

NP20 4UR

Tel: 01633 656656

Email:

[email protected]

Website: www.newport.gov.uk/licensing

Environmental Health Authority Environmental Health

Newport City Council

Civic Centre

Godfrey Road

Newport

South Wales

NP20 4UR

Tel: 01633 656656

Email:

[email protected]

Health and Safety Environmental Health

Newport City Council

Civic Centre

Godfrey Road

Newport

South Wales

NP20 4UR

Tel: 01633 656656

Email:

[email protected]

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Trading Standards Trading Standards

Newport City Council

Civic Centre

Godfrey Road

Newport

South Wales

NP20 4UR

Tel: (01633) 656656

[email protected]

Child Protection Authority Children & Family Services

Newport City Council

Room 208 W

Civic Centre

Newport

NP20 4UR

Tel: (01633) 656656

Email: [email protected]

Planning Authority Planning Services Newport City Council Civic Centre Newport South Wales NP20 4UR Tel: (01633) 656656 Email: [email protected]

Heddlu Gwent Police The Chief Officer of Police

FAO The Licensing Officer

Heddlu Gwent Police

East LPA Licensing Team

Cardiff Road

Newport

NP20 2EH

Tel: (01633) 245229 or (01633) 245249

Email:

[email protected]

South Wales Fire & Rescue Service South Wales Fire & Rescue Service,

Forest View Business, Llantrisant,

Pontyclun CF72 8LX.

[email protected]

Public Health Executive Director of Public Health –

Alcohol Licensing Lead, Aneurin Bevan

Gwent Public Health Team, St Cadocs

Hospital, Headquarters Building, Lodge

Road, Caerleon NP18 3XQ.

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[email protected].

uk

Home Office

(Immigration Enforcement)

Home Office Alcohol Licensing Team,

Lunar House, 40 Wellesley Road,

Croydon CR9 2BY.

[email protected]

Vessels only The Consultee is dependent on the

waterway that that licence is requested

within the County and as such refer to

environment.licensding.gov.uk for

assistance on who to consult.

25.7

The steps for consideration of licensing application, a licensing variation and a club

premises certificate are:

a) If no representations are made to an application, the Authority must grant it in full.

Please see our website for further information www.newport.gov.uk/licensing.

b) When an application is made, and relevant representation are made to the Authority

it must hold a hearing of the Licensing Sub-Committee (unless those who have

made representations agree in advance that this is unnecessary).

c) The Licensing Sub-Committee will then consider the evidence provided by

applicants and by those making representations, the legislation and accompanying

Guidance, the Statement of Licensing Policy and any other relevant data.

d) The Licensing Sub-Committee will determine the application and will take any steps

it considers appropriate for the promotion of the licensing objectives.

e) Conditions on the licence, additional to those voluntarily offered by the applicant,

may be considered. Appropriate conditions will focus on matters which are within

the control of individual licensees and which also relate to the premises or places

being used for licensable activities and the impact of those activities in the vicinity.

If situations arise where the licensing objectives are compromised but cannot be

dealt with by the use of appropriate conditions the Licensing Authority will consider

whether it is appropriate for a licence to be issued or for the premises to continue

in operation.

25.8 Conditions on a licence:

Must be appropriate for the promotion of the licensing objectives;

Must be precise and enforceable;

Must be unambiguous and clear in what they intend to achieve;

Should not duplicate other statutory requirements or other duties or responsibilities

placed on the employer by other legislation;

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Must be tailored to the individual type, location and characteristics of the premises

and events concerned;

Should not be standardised and may be unlawful when it cannot be demonstrated

that they are appropriate for the promotion of the licensing objectives in an

individual case;

Should not replicate offences set out in the 2003 Act or other legislation;

Should be proportionate, justifiable and capable of being met;

Cannot seek to manage the behaviour of customers once they are beyond the direct

management of the licence holder and their staff, but may impact on the behaviour

of customers in the immediate vicinity of the premises or as they enter or leave; and

Should be written in a prescriptive format.

25.8 Individuals applying for a personal licence must be entitled to work in the UK. The

Immigration Act 2016 amended the Licensing Act 2003 with effect from 6 April 2017 so

that an application made on or after that date by someone who is not entitled to work in

the UK must be rejected. Licences must not be issued to people who are illegally

present in the UK, who are not permitted to work, or who are permitted to work but are

subject to a condition that prohibits them from doing work relating to the carrying on of

a licensable activity. In order to discharge this duty, the Authority must be satisfied that

an applicant has the right to work in the UK, to demonstrate that the applicant has

permission to be in the UK and that they are permitted to undertake work in a licensable

activity. This also applies to individuals who apply for premises licences. The purpose

of this is to prevent illegal working in the UK.

25.9 A person is also disqualified from holding a licence if they are subject to a condition on

their permission to be in the UK preventing them from holding a licence, for example if

they are subject to an immigration restriction that does not permit them to work.

26. 26. Operating schedule

26.1 All new and variation applications should incorporate an ‘operating schedule’ which

outlines how the premises will be operated. This should include details of how the

applicant will promote the four licensing objectives and reduce any potential negative

impact from the operation of their business on the local community, depending on the

type of premises, location and profile of customers. The proposals contained in the

operating schedule will form the main body of the conditions to be applied to the licence,

together with any applicable mandatory conditions, any conditions agreed with

responsible authorities during the application process and any conditions imposed by a

licensing sub-committee where representations have been made.

26.2 In completing an operating schedule, applicants are expected to have regard to this

statement of licensing policy and to demonstrate suitable knowledge of their local area

when describing the steps that they propose to take in order to promote the Licensing

Objectives.

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26.3 The Licensing Authority will provide general advice on the drafting of operating

schedules and applicants are strongly recommended to discuss their operating

schedules with the Licensing Authority and other Responsible Authorities prior to

submitting them.

26.4 The complexity and detail required in the operating schedule will depend upon the

nature and use of the premises concerned. For premises such as a public house where

regulated entertainment is not provided, only a relatively simple document may be

required. However for an operating schedule accompanying an application for a major

entertainment venue or event, it will be expected that issues such as public safety and

the prevention of crime and disorder will be addressed in detail

26.5 The operating schedule must be set out on the prescribed form and include a statement

of the following:-

Full details of the licensable activities to be carried on at and the intended use

of the premises;

The times during which the licensable activities will take place;

Any other times when the premises are to be open to the public;

Where the licence is only required for a limited period, that period;

Where the licensable activities include the supply of alcohol, the name and

address of the individual to be specified as the designated premises

supervisor;

Whether alcohol will be supplied for consumption on or off the premises or

both;

The steps which the applicant proposes to promote the Licensing Objectives.

26.6 For some premises, it is possible that no measures will appropriate to promote one or

more of the Licensing Objectives, for example, because they are adequately covered

by other existing legislation. It is however important that all operating schedules should

be:

Precise and enforceable

Be unambiguous

Not to duplicate other statutory provisions

Be clear in what they intend to achieve, and

Be appropriate, proportionate and justifiable.

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26.7 To assist applicants the authority has provided a Code of good practice for licenced

premises, the current code can be found in Appendix A of this policy. It should be noted

the code does not form any part of this policy and the guidance and examples of control

measures are simply given to assist applicants in preparing operating schedules and

the on-going running of a licenced premises. The code is not exhaustive and is not to

be regarded in any way as standard conditions or mandatory requirements.

27. 27. Conditions

27.1 The Licensing Act 2003, as amended, imposes a number of mandatory conditions on

licences. The council has the power to impose additional conditions if they consider

that they are appropriate for the promotion of the licensing objectives.

27.2 Conditions attached to licences or certificates will be tailored to the individual style and

characteristics of the particular premises, activities and/or events provided at the

premises. The policy does not provide for any standard, general or blanket conditions,

and will not impose disproportionate and burdensome requirements.

27.3 Applicants may offer conditions in the operating schedule as part of their application;

the council may remove or reword any of these conditions if they are considered to be

unclear, ambiguous or unenforceable, with the agreement of the applicant. This will

ensure that all parties fully understand their responsibilities to promote the licensing

objectives.

27.4 The council recognise that they can only impose conditions were relevant

representations are received and it is considered appropriate for the promotion of the

licensing objectives. Where a responsible authority gives evidence that it is appropriate

to impose specific conditions the request will be considered by the council who may

suggest the wording of the condition to ensure that it is clear, relevant and enforceable.

27.5 When attaching conditions, the council will also be aware of the need to avoid measures

that might deter live music, dancing or theatre by imposing costs of a substantial nature,

that are not in proportion to the risks.

28. 28. Applications where representations are received

28.1 When an application is made for the grant, variation or review of a premises licence or

club premises certificate, representations about the application can be made by

responsible authorities or other persons. However the Licensing Authority will usually

give greater weight to representations that are made by people who can demonstrate

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that they would be directly affected by the carrying on of licensable activities at the

premises concerned.

28.2 Representations must be made to the Licensing Authority within the statutory period of

28 days beginning on the day after the relevant application is received by the Licensing

Authority. Representations must be made in writing.

28.3 Representations can be made either be in support of an application or to express

objections to an application being granted. However the Licensing Authority can only

accept “relevant representations.” A representation is “relevant” if it relates to the likely

effect of the grant of the licence on the promotion of at least one of the Licensing

Objectives

28.4 An example of a representation that would not be relevant would be a representation

from a local business person about the commercial damage that competition from a

new licensed premise would do to their own business. On the other hand, a

representation by a business person that nuisance caused by new premises would

deter customers from entering the local area, and the steps proposed by the applicant

to prevent that nuisance were inadequate, would be a relevant representation.

28.5 In other words, representations should relate to the impact of licensable activities

carried on from premises on the Licensing Objectives.

28.6 For representations in relation to variations to be relevant, they should be confined to

the subject matter of the variation.

28.7 Whilst the Licensing Authority expects representations to be evidence based, there is

no requirement for a Responsible Authority or other person to produce a recorded

history of problems at premises to support their representations, and it is recognised

that in fact this would not be possible for new premises.

28.8 Responsible authorities are a group of public bodies that must be fully notified of

applications and that are entitled to make representations to the Licensing Authority in

relation to the application for the grant, variation or review of a premises licence or club

premises certificate. A full list of contact details for the responsible authorities is

provided on the Licensing Authority’s website.

28.9 Whilst all responsible authorities may make representations regarding applications for

licences and club premises certificates and full variation applications, it is the

responsibility of each Responsible Authority to determine when they have appropriate

grounds to do so.

28.10 The Licensing Authority recognises that every Responsible Authority can make

representations relating to any of the four Licensing Objectives. However the Licensing

Authority would normally expect representations about the promotion of individual

Licensing Objectives to come from the most relevant Responsible Authority with

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expertise in that particular area. For example the Licensing Authority would expect

representations about the prevention of crime and disorder to come primarily from the

police and representations about the prevention of public nuisance to come primarily

from environmental health.

28.11 The Licensing Authority recognises that the police should be its main source or advice

on matters relating to the promotion of the crime and disorder licensing objective, but

also may be able to make relevant representations with regards to the other Licensing

Objectives if they have evidence to support such representations.

28.12 The Licensing Authority will accept all reasonable and proportionate representations

made by the police unless it has evidence that do so would not be appropriate for the

promotion of the Licensing Objectives. However the Licensing Authority will still expect

any police representations to be evidence based and able to withstand scrutiny at a

hearing.

28.13 The Licensing Authority recognises Newport City Council children’s services as being

the body that is competent to advise it on the licensing objective of the protection of

children from harm.

28.14 The Licensing Authority recognises that, although public health is not a licensing

objective, health bodies may hold information which other responsible authorities do

not, but which would assist the Licensing Authority in exercising its functions.

28.15 For example, drunkenness can lead to accidents and injuries from violence, resulting in

attendances at emergency departments and the use of ambulance services. Some of

these incidents will be reported to the police, but many will not. Such information might

be relevant to the public safety objective and in some cases the crime and disorder

objective.

28.16 As a result of the Police Reform and Social Responsibility Act 2011, the Licensing

Authority is also now a Responsible Authority and can therefore make representations

if it deems it appropriate to do so.

28.17 However the Licensing Authority will not normally act as a Responsible Authority on

behalf of other parties (for example, local residents, local councillors or community

groups) although there are occasions where the authority may decide to do so.

28.18 Such parties can make relevant representations to the Licensing Authority in their own

right, and the Licensing Authority expects them to make representations themselves

where they are reasonably able to do so.

28.19 The Licensing Authority also expects that other responsible authorities should intervene

where the basis for the intervention falls within the remit of that other Responsible

Authority. Each Responsible Authority has equal standing under the 2003 Act and may

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act independently without waiting for representations from any other Responsible

Authority.

28.20 In cases where a Licensing Authority is also acting as Responsible Authority in relation

to the same process, the Licensing Authority will seek to achieve a separation of

responsibilities within the authority to ensure procedural fairness and eliminate conflicts

of interest. This will be achieved by allocating the different responsibilities to different

licensing officers or other officers within the local authority to ensure a proper separation

of responsibilities.

28.21 Relevant representations about applications can also be made by any other person,

regardless of their geographical position in relation to the relevant premises. However

the Licensing Authority will usually give greater weight to representations that are made

by people who can demonstrate that they would be directly affected by the carrying on

of licensable activities at the premises concerned.

28.22 The Licensing Authority will also reject as invalid, any representations from other

persons that are deemed to be frivolous or vexatious. A representation might be

considered to be vexatious if it appears to be intended to cause aggravation or

annoyance, whether to a competitor or other person, without reasonable cause.

Frivolous representations are essentially categorised by a lack of seriousness. Frivolous

representations would concern issues which, at most, are minor and in relation to which

no remedial steps would be warranted or proportionate.

28.23 Decisions as to the validity of representations will normally be made by officers of the

Licensing Authority. In borderline cases, the benefit of the doubt about any aspect of a

representation will be given to the person making that representation. The subsequent

hearing would then provide an opportunity for the person or body making the

representation to amplify and clarify it.

28.24 The Licensing Authority will accept petitions, but there are some important factors to

consider before organising a petition:

We ask that the organiser of the petition identify himself or herself as a central point

of contact. We may need to make contact in order to verify certain matters if we are

unable to do this it could invalidate the petition.

Each page of the petition should contain information as to the purpose of the

petition so that all persons know what they are signing.

Full names and addresses must be supplied

All signatories must be made aware that a copy of the petition will be supplied to

the applicant and a copy will be contained within the committee papers, so their

personal details will become public knowledge.

We will not write to each signatory separately, but instead assume that the organiser

will advise each signatory of the hearing date and the final outcome of the application.

It is expected that the organiser will represent the signatories at the hearing and to

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speak for them. When making a decision, the Licensing Authority will give appropriate

weight to a petition. Those wishing to make representations should appreciate that the

quality of the representations we receive is an important consideration when making a

decision.

28.25 Any person who is aggrieved by a rejection of their representations on either of these

grounds may lodge a complaint through the authority’s corporate complaints procedure.

A person may also challenge such a decision by way of judicial review.

28.26 Where a notice of a hearing is given to an applicant, the Licensing Authority is required

to provide the applicant with copies of the relevant representations that have been

made.

28.27 The Licensing Authority will normally provide copies of the relevant representations to

the applicant in full and without redaction. However in exceptional circumstances, where

a person satisfies the Licensing Authority that they have genuine reasons to fear

intimidation or violence if their personal details, such as name and address, are divulged

to the applicant, the copies of the representations may be redacted accordingly.

28.28 In such circumstances the Licensing Authority will still provide some details to the

applicant (such as street name or general location within a street), so that the applicant

can fully prepare their response to any particular representation.

28.29 Alternatively persons may wish to contact the relevant Responsible Authority or their

local Councillor with details of how they consider that the Licensing Objectives are being

undermined so that the Responsible Authority can make representations on their behalf

if appropriate and justified.

28.30 Further guidance on making representations is provided on the Licensing Authority’s

website.

29. 29. Exercise and delegation of functions

29.1 The Licensing Act 2003 requires local authorities to act as the Licensing Authority and

to set up a Licensing Committee to be responsible for all matters relating to the

Licensing Act 2003. The Licensing Committee further delegate to Licensing Sub

Committees (Panels), or by one or more officers acting under delegated authority.

29.2 It is considered that many of the functions will be largely administrative in nature with

no perceived areas of contention. In the interests of efficiency and cost effectiveness

these will, for the most part, be carried out by officers. The Licensing Authority, when

acting as a Responsible Authority commenting on Licence applications, will have

separate roles for officers. One member of staff will be required to administer the

application and another member of staff will act as the Responsible Authority making

comments on the application.

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29.3 The Schedule below sets out the presumed delegation of functions and decisions.

Notwithstanding this presumption of delegation, the Council reserves the right to refer

any matter to the Licensing Committee or sub-committee.

29.4 Schedule of delegation of licensing functions and decisions

Matter to be dealt with Licensing

Committee

Licensing

Sub-

Committee

(panels)

Officers

Application for personal

licence

If a police

objection If no objection made

Application for a

personal licence with

unspent convictions

All cases

Application for

premises licence/club

premises certificate

If a relevant

representation

made and not

withdrawn

If no relevant

representation made

or representation

withdrawn

Application for

provisional statement

If a relevant

representation

made and not

withdrawn

If no relevant

representation made

or representation

withdrawn

Application to vary

premises licence/club

premises certificate

If a relevant

representation

made and not

withdrawn

If no relevant

representation made

or representation

withdrawn

Application to vary

designated premises

supervisor

If a police

objection All other cases

Application for a minor

variation All cases

Application to vary a

licence on a community

premises to include

alternative licence

condition

If police

objection All other cases

Request to be removed

as designated premises

supervisor

All cases

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Application for transfer

of premises licence

If a police

objection All other cases

Application for interim

authorities

If a police

objection All other cases

Application to review

premises licence/club

premises certificate

All cases

Decision on whether a

complaint is irrelevant

frivolous vexatious etc.

All cases

Determination of a

police or environmental

health objection to a

temporary event notice

In all cases if

not withdrawn.

Suspension of licences

following non-payment

of annual fees

All Cases

30. 30. Reviews of licences

30.1 The Council can only review a licence where it is alleged by a “responsible authority",

or other person that the licensing objectives are being breached. Responsible

authorities will aim to give licence holders early warning of any concerns identified at

the premises. Only responsible authorities or other persons (e.g. local residents, local

organisations and councillors) can apply for the review of a licence; and determine its

outcome at a hearing where an evidential basis for allegations made will be submitted.

It views particularly seriously applications for the review of any premises licence which

involves the:

use of licensed premises for the sale and distribution of controlled drugs and

the laundering of the proceeds of drugs crimes;

use of licensed premises for the sale and distribution of illegal firearms;

evasion of copyright in respect of pirated films and music;

underage purchase and consumption of alcohol;

use of licensed premises for prostitution or the sale of unlawful pornography;

use of licensed premises for unlawful gaming;

use of licensed premises as a base for organised criminal activity;

use of licensed premises for the organisation of racist, homophobic or sexual

abuse or attacks;

use of licensed premises for the sale of smuggled tobacco or goods;

use of licensed premises for the storage or sale of stolen goods;

the police being frequently called to attend to incidents of disorder;

prolonged and/or repeated instances of public nuisance;

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serious risk to public safety have been identified and the management is unable

or unwilling to correct;

Serious risk to children.

30.2 The Licensing Sub-committee will consider all evidence provided at the hearing and

apply appropriate weight to that evidence when making their decision.

30.3 The licensing sub-committee will consider all of the sanctions available to it provided

for in the Act and guidance, including taking no action if appropriate. In cases where a

licensing objective is seriously undermined, that revocation of the licence, even in the

first instance, will be considered where appropriate to ensure the licensing objectives

are promoted.

30.4 In cases where a licensing objective is seriously undermined, the revocation of the

licence, even in the first instance, will be seriously considered where appropriate to

ensure the licensing objectives are promoted.

31. 31. Cumulative Impact Assessment & Newport Stress Area(s)

31.1 Under the Licensing Act 2003, Licensing Authorities have the power to introduce a

cumulative impact policy where there is evidence showing that a significant number of

licensed premises concentrated in one area has led to an increase in; Crime and

disorder, Public nuisance or to both. Where adopted, a Cumulative Impact Policy creates

a rebuttable presumption that applications for new premises licences, or club premises

certificates or variations, that are likely to add to the existing cumulative impact will

normally be refused

31.2 The Statutory Guidance sets out the steps to be followed when considering whether to

adopt a special policy within the Policy these include –

a) Identify concern about crime and disorder; public safety; public nuisance; or

protection of children from harm

b) Consider whether there is good evidence that crime and disorder or nuisance are

occurring, or whether there are activities which pose a threat to public safety or the

protection of children from harm.

c) If such problems are occurring, identify whether these problems are being caused

by the customers of licensed premises, or that the risk of cumulative impact is

imminent.

d) Identify the boundaries of the area where problems are occurring.

e) Consult with those specified by Section 5(3) of the Licensing Act and subject to the

outcome of that consultation, include and publish details of any special policy in the

licensing policy statement.

31.3 In April 2018, Section 141 of the Policing and Crime Act 2018 introduced a new Section

5A to the Licensing Act 2003 relating to Cumulative Impact Assessments (CIA). Before

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an Impact assessment area can be introduced the Authority must give reasons why they

are considering a CIA, what part(s) they are considering to be a CIA and whether it

considers the CIA applies to all licences or those of a particular kind. As such, the

Authority must conduct a thorough assessment and if a CIA is introduced it must be

reviewed at least every 3 years.

31.4 Having taken into account the Statutory Guidance, an assessment in line with 31.3 above

and guidance from Gwent Police, it has been determined to remove Newport City Centre

Cumulative Impact area from its licensing policy.

31.5 The licensing authority recognises there are a number of existing measures available that are relevant to tackling unlawful and anti-social behaviour associated with licensed premises, including:

Planning controls

Positive measures to create a safe and clean environment in partnership with local businesses, transport operators and other departments of the local authority

The provision of CCTV surveillance, taxi ranks, provision of public conveniences open late at night, street cleaning and litter patrols

Powers of local authorities to designate parts of the local authority area as places where alcohol may not be consumed publicly.

The confiscation of alcohol from adults and children in designated areas

Police enforcement of the general law concerning disorder and antisocial behaviour, including the issue of fixed penalty notices

Prosecution for the offence of selling alcohol to a person who is drunk (or allowing such a sale) – Police powers to close down instantly for up to 24 hours (extendable to 48 hours) any licensed premises or temporary event on grounds of disorder, the likelihood of disorder, or noise emanating from the premises causing a disturbance.

Robust conditions on the licence promoting the four licensing objectives.

The power of the police, or other responsible authorities or any person to seek a review of the licence or certificate.

Regular monthly Responsible Authority meetings, for interested parties to comment on, and providing an action plan, when dealing with problematic premises and areas.

Newport Stress Area(s)

However, having regard to the levels of crime and disorder and public nuisance within

Newport City Centre there is still evidence that the promotion of the licensing objectives

within an identified area of Newport City Centre is being undermined as a consequence

of the operation of licensed premises in the area.

The licensing authority considers that although the levels of problems do not currently

justify the implementation / renewing of a cumulative impact area, the area is of a

concern and will be kept under very close review.

Therefore, in retracting the historic Communitive Impact area the Council has

determined to adopt a Special Policy for the City Centre which shall be known as the

“City Centre Stress Area”; this area is identified on the map in Appendix A of this

Licensing Policy.

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The Licensing authority does not wish to see an increase in antisocial behaviour, however the authority does wish to diversify the night-time economy and continue to regenerate the city centre. The Council aim is to promote an ‘inclusive’ evening and night-time economy throughout the city to ensure people of all ages can participate in and enjoy a range of activities through a diverse array of licensed premises, not simply focused on the consumption of alcohol.

Where an application is located within a Special Policy Stress area, all parties are expected to have due regard to it. The licensing authority’s discretion to determine the application shall be engaged upon the receipt of relevant representations and the respective Special Policy shall be the starting point when doing so. No Special Policy is absolute and the licensing authority will always consider the circumstances of the case and whether there are exceptional circumstances to justify departing from the Special Policy. Where no representations are received for an application within a Special Policy area, the application will be granted as applied for. Applicants are expected to demonstrate an understanding of the Policy; how the Policy impacts on their application; any measures they will take to mitigate the impact; and why they consider the application should be an exception to the Policy.

New and variation applications for premises and club premises certificates within the

“City Centre Stress” area will not be subject to the presumption of refusal, but operators

will be expected to pay very special attention when drawing up their operating

schedules and to make positive proposals to ensure that their operation will not add to

the problems faced in these areas. It is strongly recommended to discuss the

application with the Licensing Authority before submitting an application.

On receipt of any application in the City Centre Stress area, where a relevant

representation has been made, the licensing authority will scrutinise the application

carefully and will look at the measures proposed in the operating schedules.

The adoption of Stress area(s) policy takes into consideration paragraph 10.13 of the

Government’s statutory Guidance, which recognises that different licensing strategies

may be appropriate for the promotion of the licensing objectives in different areas and

that licensing authorities are best placed to make decisions about appropriate opening

hours in their areas based on their local knowledge and in consultation with responsible

authorities.

With the above in mind, the following approach for new licences and material variations,

where relevant representations have been made, shall be taken:

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Type of

Premises

Alcohol Licensing Hours /

Other Licensing Activities

Restaurant

Alcohol Licensing Hours

07:00- 00:30hrs

Other Licensing Activities

08:00- 00:30hrs

Café Alcohol Licensing Hours

07:00- 00:30hrs

Other Licensing Activities Midnight

08:00- 00:30hrs

Late Night

Takeaways / Fast

Food Outlet.

Late Night Refreshment

Sunday- Thursday 23:00-2:30am

Friday- Saturday 23:00-03:00am

Night Club /

Sexual

Entertainment

Venue

Alcohol Licensing Hours

Sunday-Thursday 07:00- 3:00am

Friday-Saturday 07:00-3.30am

Other Licensing Activities

Sunday-Thursday 08:00- 3:30 am

Friday-Saturday 08:00- 4:00am

(Additional Measures last entry to Night Club / Sexual

Entertainment 2:00am)

Pub / Bars Alcohol Licensing Hours

Sunday- Thursday 07:00-2:00 am

Friday-Saturday 07:00-2:30am

Other Licensing Activities

Sunday –Thursday 08:00-2:00am

Friday-Saturday 08:00-2:30am

Non-Alcohol lead

This may include:

• Cinemas

• Theatres

In general, will be granted a licence in line with trading hours.

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•Bowling alleys,

hairdressers,

florists

• Art galleries.

• Workplace Bar

solely for use of

employees of the

premises

Hotel Alcohol Licensing Hours

07:00-02:00am

Or 24 hours to residents of hotel

Other Licensing Activities

08:00- 02:00am

Late Night Refreshment for residents of hotel 23:00hrs till

05:00hrs

Off Licence Alcohol Licensing Hours

07:00-23:00pm

Members Clubs Alcohol Licensing Hours

07:00-2:30am

Other Licensing Activities

08:00-2:30am

Outdoor Events

Alcohol Licensing Hours

07:00-10:30pm

Other Licensing Activities

08:00-23:00pm

It is imperative to stipulate No Special Policy is absolute and the licensing authority

will always consider the circumstances of the case and whether there are exceptional

circumstances to justify departing from the Special Policy in light of the individual

circumstances of the case. Though exceptions will only be made where the applicant

proves that the grant would not harm the Licensing objectives.

Matters such as;

longer hours will create slower dispersal;

history of good management;

Character of the applicant

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premises are well run;

size of the proposal;

alcohol is not sold;

clientele are a cut above the usual;

A neighbouring premises has longer hours;

Will not be considered exceptional circumstances and the policy is intended to be strictly

applied.

Where no representations are received for an application within a Special Policy area,

the application will be granted as applied for. Applicants are expected to demonstrate

an understanding of the Policy; how the Policy impacts on their application; any

measures they will take to mitigate the impact; and why they consider the application

should be an exception to the Policy.

Existing licensees who wish to materially alter and/or extend the premises to which the

authorisation relates are required to seek a new authorisation. This is because the Act

prohibits the use of a variation application to substantially alter the premises to which

the authorisation relates.

Where the only change is to the physical extent or material layout of the premises

themselves (i.e. in the absence of additional features such as change in style of

operation, capacity etc) it is highly unlikely this would trigger the special policy, but of

course this policy cannot restrict the right of any responsible authority or interested party

to make relevant representations in that regard and if such are forthcoming they will be

diligently considered. Where other change is envisaged then the presumption may

arise. Applicants in such circumstances are entitled to seek a Provisional Statement.

32. 32. Early morning restriction orders

32.1 The Authority considered the implications this would have on the night time economy

and recognise that the restriction would apply to alcohol sales and not entertainment. It

looked at the balance of providing a vibrant community and the negativity of alcohol

related crime and disorder and anti-social behaviour. It also looked at the current

measure in place to deal with such matters.

32.2 An EMRO restricts the time within which alcohol can be supplied. Alcohol supply can

be prohibited between 0000-0600 and applies to Premises Licences, Club Premises

Certificates and Temporary Event Notices. There are no exceptions save that which

authorise supply of alcohol to residents with overnight accommodation via minibars and

room service;

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32.2 The Authority considered all of the above and resolved not to adopt an EMRO.

However, the Authority will consider this approach if at any point it becomes appropriate

and necessary and will conduct a full consultation before the provision is considered

33. 33. Hearings

33.1 Applications for licences and certificates will be determined following consultation with

relevant responsible authorities. Where no representations are received, they will be

issued administratively by the Licensing Team, however, contentious applications must

be referred to the Council’s Licensing Sub-Committee (panel) for determination, unless

it is agreed by all parties that a hearing is not necessary.

33.2 The period of notice of a hearing that must be given to all relevant parties, and the

information which may be disclosed, varies depending on the type of application,

subject to regulations. A Licensing Sub-Committee (panel) of three Elected Members

will determine a contentious application and will either grant a licence, grant a licence

with amendments or refuse an application. Any party can appeal against the Council’s

decision to a Magistrates’ Court.

33.3 At any time during the period of a licence, any responsible authority or other person can

ask for the review of a licence or certificate. All review applications will be determined

by the Licensing Sub-Committee.

34. 34. Appeals

34.1 Entitlements to appeal for parties aggrieved by decisions of the Council are set out in

Schedule 5 of the Act. Other than in the case of personal licences, an appeal has to be

made to the local Magistrates’ Court. In the case of personal licences, the appeal must

be made to the Magistrates’ Court for the area in which the licensing authority which

has considered the application (or any part of it) is situated.

34.2 An appeal has to be instigated by giving notice of the appeal by the appellant to

The Clerk to the Justices,

Newport Magistrates' Court

The Law Courts

Faulkner Road

Newport

Gwent

NP20 4PR

DX 311301 Newport (Gwent) 19,

Within a period of 21 days beginning with the day on which the appellant was notified

by the Council of the decision appealed against.

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34.3 On determining an appeal, the Court may:

dismiss the appeal

substitute any other decision which could have been made by the Council

or

remit the case to the Council to dispose of it in accordance with the

direction of the Court.

The Court may make such order as to costs as it thinks fit.

34.4 In anticipation of such appeals, the Council will give comprehensive reasons for its

decisions. On making findings of fact in its reasons, the Council will ensure that they

address the standard of proof and the burden of proof that they have adopted. The

Council will also address the extent to which decisions has been made with regard to

its statement of licensing policy and the Guidance issued by the Secretary of State

under section 182 Implementing the determination of the Magistrates’ Courts

34.5 Where appropriate, the Licensing Authority will provide applicants and objectors etc.

with information concerning their rights of appeal.

34.6 Where appropriate, the Licensing Authority will provide applicants and objectors etc.

with information concerning their rights of appeal.

35. 35. Implementing the determination of the Magistrates’ Court

35.1 As soon as the determination of the Magistrates’ Courts has been promulgated, the

Council will not delay its implementation and necessary action will be taken forthwith

unless ordered by a higher court to suspend such action [for example, as a result of an

on-going Judicial Review]. The Act provides for no further appeal against the

determination of the Magistrates’ Courts.

36. 36. Enforcement

36.1 The Licensing Authority has established joint enforcement protocols with the police and

other enforcing authorities. These protocols will provide for the targeting of agreed

problem and high-risk premises, but with a lighter touch being applied to low-risk

premises, which are shown to be well run.

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36.2 The Licensing Authority intends that enforcement visits will be made to licensed

premises as appropriate, to ensure that any conditions imposed as part of the licence

are being complied with. These visits may be either proactive planned inspections

based on the risk presented by the premises, history of non-compliance etc., or reactive

visits as a result of complaints.

36.3 In general, action will only be taken in accordance with agreed enforcement principles

and in line with the Council’s own enforcement policy. To this end the key principles of

consistency, transparency and proportionality will be maintained.

36.4 In general, action will only be taken in accordance with agreed enforcement principles

and in line with the Council’s own enforcement policy. To this end the key principles of

consistency, transparency and proportionality will be maintained.

37. 37. Fees Generally

37.1 All fees are currently set by statute and the council is obliged to charge the fees as

detailed in the Fees Regulations.

37.2 The Police Reform and Social Responsibility Act 2010 have provisions to give councils

to set their fees locally, however at this time the relevant sections have not been

commenced. When commenced the councils will calculate fees to recover the costs of

the service and then consult on their implementation before asking the Licensing

Committee to approve any change.

38. 38. Annual Fees for Premises Licences and Club Premises Certificates

38.1 The Licensing Act 2003 and regulations made under the Act set out requirements for

annual fees and require that the fee is paid on the due date which is every year on the

anniversary of the original grant of the licence. The fee is currently set by regulations,

however amendments made by the Police Reform and Social Responsibility Act 2010

will when commenced give the council the ability to set fees locally to recover costs

associated with the administration and compliance of the Act.

39. 39. Licence suspension for non-payment of annual fee

39.1 Amendments made to the Licensing Act 2003 by the Police Reform and Social

Responsibility Act 2010 give councils the power to suspend premises licences and club

premises certificates where the annual fee required by regulations is not paid.

39.2 The council will suspend any licence or certificate where the required fee is not paid by

the ‘due date’, which is annually on the anniversary of the date that the licence was first

granted. The council will follow the below procedure:-

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39.3 Upon notification/discovery that an annual fee is not paid, the council will give notice to

the licence/certificate holder, in writing,

that the licence/certificate will be suspended 14 days from the date of the notice.

It will also state that the suspension will not become effective if the fee is paid

prior to the suspension date.

If an administration error is claimed, the suspension date may be 21 days from

the due date; or the date of suspension on the 14 day notice, whichever is later.

A copy of the notice will also be served on the designated premise

supervisor/premises manager if they are not the premises licence holder.

39.4 If the fee is not paid by the date specified on the notice the licence/certificate will be

deemed suspended. The licence/certificate holder and DPS/Manager will be

immediately notified of the suspension becoming effective, and informed that the

premises may no longer offer any licensable activities until such time as the fee is paid

and the suspension lifted. When the full payment is made the council will immediately

lift the suspension, and confirm this in writing.

39.5 Where a licence/certificate is suspended and licensable activities are provided the

council will consider prosecuting the provider for offences under section 136 of the

Licensing Act 2003.

40. 40. Late night levies

40.1 A Late Night Levy (LNL) is an optional power, introduced by the Police Reform and

Social Responsibility Act which allows Licensing Authorities (LAs) to raise a contribution

towards the costs of policing the night time economy (NTE) by charging a levy to holders

of Premises Licences and Club Premises Certificates authorised to sell alcohol. A LNL

must apply across the whole borough and also applies to all on- and off-licences. TENs

are not included.

40.2 The Authority considered the benefits of a busy night time economy as many residents

are either employed within this sector or enjoy the vibrant, social entertainment it

provides. They further considered the balance of this to the negative impact the night

time economy may bring along with the financial restraints if a levy is adopted.

40.3 The Authority considered all of the above and resolved not to adopt a Levy at its Full

Council meeting held on 26th September 2013. However, the Authority will consider

this approach if at any point it becomes appropriate and necessary and will conduct a

full consultation before the provision is considered.

41. Further Information

Further information about the Licensing Act 2003 and the Council’s licensing policy can

be obtained from:

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Appendix A

Newport City Centre Stress Area